Literature
Music work
Artistic work
Drama Work
Performance
Video
International Treaty
Hong Kong copyright is protected by international treaty, include but not limited to,
Berne Convention (Protection is given to 177 countries)
Universal Copyright Convention
The Phonograms Convention
The World Trade Organisation – Agreement on Trade Related Aspects of Intellectual Property Rights
The World Intellectual Property Organization (“WIPO”) Copyright Treaty
The WIPO Performances and Phonograms Treaty
Copyright Registration
Registered regions | China (Nearest copyright registration region of Hong Kong) , Taiwan, U.S. |
Protection Period | Author’s lifetime and 50 years after death (Personal application) |
Required documents (include but not limited to) |
1. Application form 2. Applicant identity documents 3. Sample of the creative work 4. Details of the work etc… |
Application completion time | Within 35 days |
Advantages of copyright registration
Sale or transfer of copyright
Get license royalties
Ask for money compensation
Apply infringement injunction
Proof of right
Time proof of creation in law suit infringer
What is licensing
Owner can authorize his/her copyright within a specific period and scope, to another party to gain licensing fee, so as to use or reproduce owner’s works.
Noted that owners should pay attention to the authorizing types and the scope of authority, so as to protect the rights of both parties.
Click here to view more information if you are interested in licensing.
Copyright FAQ
Copyright registration
Q1: Why do I need to register the copyright even though I have registered the trademark?
A1: Trademark registration certificate can only be used as a proof of trademark registration, which identifies specific product or services, whereas copyright protects creator’s work to prove that the work is completed before the registration date. Moreover, copyright registration only takes 35 days for processing, which requires less time than registering trademark. Under the circumstance of the conflict between the copyright and the trademark rights, if the completion time of copyright registration is fastest than that of trademark registration, prior right would be given to copyright so as to protect the work. Should you have any inquiries about trademark registration or copyright registration, please feel free to contact our IP consultant anytime.
Q2: Why do I need to register copyright even though copyright arises automatically when a work is created?
A2: According to the Copyright Ordinances of Hong Kong, copyright arises automatically when a work is created. We suggest that creator should register copyright through official organization in a view to obtaining a solid proof of completion time of your work, no later the registration date. It is particularly useful before you are taking part in an exhibition or your works are to be published to the public.
Creator should also keep all the drafts of his/her work to be the supplementary proof. Should you have any inquiries about copyright registration, please feel free to contact our IP consultant anytime.
Q3: How to prove myself as the copyright owner?
A3: With the registration certificate or with a huge sum of original works, drafts, of which the time and validity could be proved before the court of the concerned country.
Q4: What are the evidences to prove my ownership of the copyright?
A4: Evidences include but not limited to,
1. Notes or draft during idea generation
2. Discussion records with other parties
3. Past publishing records of the works
4. Backup drafts
Q5: When do I need copyright certificate except for the purpose of protection?
The certificate can also be used as a proof to show to potential clients or partners while in exhibition, expanding overseas businesses or licensing. Click here to view more information if you are interested in licensing.
All information is referenced from HKIPD. You may click here to view more details.
Recent Posts
(中文(香港)) 點商標榮獲亞洲國際最具創新科技品牌大獎
(中文(香港)) 適逢點商標10周年,在11月18日舉行的2024亞洲國際品牌節頒獎典禮上,點商標
(中文(香港)) 網絡釣魚攻擊創5年新高:企業如何保護自己的品牌和客戶?
(中文(香港)) 網絡釣魚攻擊在近年來不斷上升,對企業的品牌和客戶造成了嚴重的威脅。根據香港電腦保安事故協調中心的數據,網絡釣魚案件在2023年達到了五年來的最高水平,佔所有保安事故的近一半。這些攻擊主要集中在銀行、金融和電子支付行業,其次是電子商務領域。
【商標爭議】瑞幸咖啡與泰國皇家50R集團的商標權爭議風波
(中文(香港)) 在這個創新與創意充斥的世界,獨特的商標和品牌識別是獲得成功的關鍵。然而,一家位於旺角的餐廳「9 ¾ Cafe」最近卻在商標權益的官司中吃了敗仗。
【商標爭議】瑞幸咖啡與泰國皇家50R集團的商標權爭議風波
(中文(香港)) 這起爭議從2021年開始,並在2022年進行了一系列的訴訟戰,結果卻讓人咋舌。泰國瑞幸咖啡因為成功在當地註冊商標,最終獲得了法庭的支持,而中國瑞幸則因為商標註冊遲於對方,從而在此次爭議中敗下陣來。