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What are the relevant provisions on the duration of protection of the property rights of a foreigner's work?

2024-09-14 18:10
1 answer

The relevant provisions on the term of protection of the property rights of foreign works are as follows: The property rights of works owned by foreigners in China are protected by Chinese law from the day they are created. However, if a work created by a foreigner in China has not yet been published, the copyright has not yet been created, so it is necessary to apply for copyright registration or publish the work in China in order to enjoy the copyright. 2. The duration of protection for the property rights of a foreigner's work varies according to different circumstances. Generally speaking, the term of protection of the property rights of a foreigner's work is not limited, but the term of protection of a foreigner's work that has applied for copyright registration in China is determined by the order of registration. The term of protection of a foreigner's work that has applied for copyright registration first has priority over a foreigner's work that has applied for copyright registration later. The term of copyright protection for literary works created by foreigners in China that have not been published or registered in China is 50 years. However, if the work has been published in other countries or has been registered with copyright or has been protected by copyright in countries other than China, the term of copyright protection of the work can be extended. The extension period is not limited, but the longest extension period of protection cannot exceed 20 years. The term of protection of the property rights of works owned by foreigners in China and the term of protection of works created by foreigners in China need to be coordinated with the term of protection of copyrights in other countries. If the other country of the work has already enacted laws related to the duration of protection of the work, then when applying for copyright registration or publishing the work in China, you need to abide by the copyright laws of that country. It should be noted that the term of protection of the property rights of works owned by foreigners in China and the term of protection of works created by foreigners in China still need to be judged according to specific legal provisions.

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