Chinese Registration of Copyright Pledges

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The Measures for the Registration of Copyright Pledge (hereinafter the “Measures”) were promulgated by the State Copyright Bureau and will be implemented as of January 1st, 2011. The Measures for the Registration of Copyright Pledge Contracts promulgated by the State Copyright Bureau in 1996 were abolished at the same time. This is another amendment to the pledge of intellectual property rights since the promulgation of the Measures for the Registration of Patent Right Pledge in October 2010.

According to the relevant statistics, altogether 934 copyright pledges have been registered at the State Copyright Protection Center, from 2000 to August 2010, among which 747 are for copyrights of computer software and the remaining 187 are for the copyrights of general works.

The Measures promulgated this time incorporate 25 articles, prescribing that the administrative authority for copyright pledge will be the State Copyright Bureau. Compared with the previous Measures for the Registration of Copyright Pledge Contracts, major amendments are found in the following aspects:

First, the Measures for the Registration of Copyright Pledge Contracts were implemented back in 1996 while the promulgation of the Property Law brought along new provisions with respect to the pledge of intellectual property rights. Specifically, A copyright pledge contract’s coming into effect is no longer subject to registration; instead, registration has become a condition for the establishment of the pledge right. The Copyright Law was amended in 2010, after which according to provisions of both the Property Law and Copyright Law, the registration of a copyright pledge has been changed from the original registration of the pledge contract to the present registration of the pledge right.

Second, provisions to the “Registration Book of Copyright Pledge” were added onto Articles 5, 20 and 21. The establishment, alteration, assignment and elimination of a copyright pledge right will come into effect at the time when they are recorded in the Registration Book. In the mean time, the registration authority will issue the Certificate of Registration of the Copyright Pledge at the request of the applicant. The contents of the Certificate will be consistent with those recorded in the Registration Book. In case of any discrepancy between the two documents, the Registration Book shall prevail unless evidence is given to prove that there is indeed an error in the Registration Book.