Touring work to a vibrant cultural destination like China is an exciting prospect for many artists and organisations. But before you commit to sharing your art, it is crucial that you take some time to consider the intellectual property (IP) implications of presenting in this market. Are you protected? Is there anything you need to know or do?
We’ve pulled together seven key points to help you take your work to China.
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You’re protected.
The first thing to note is that, thanks to the amazing Berne Convention International Copyright Treaty, your work is protected in China as if you were a local artist. It’s also worth noting that 181 countries signed this treaty, so you’re covered when travelling to many other destinations as well. Click here to see the full list of countries.
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There are costs involved.
While it’s true that you’re covered by copyright law in China, it’s important to understand that if you do need to enforce copyright of your work after an infringement, you’re almost certainly going to encounter legal costs. And there is no way of knowing how high these could go.
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Things are slowly changing.
The good news is that China is actively working to make positive changes to its IP system – including the introduction of new dedicated IP courts and the ability to register copyright online.
However… there are still lots of challenges to be aware of including online piracy, bad faith trademarks and counterfeiting. In fact, China has remained on the United States Trade Representative priority watch list in 2024 mainly due to widespread online piracy and China continues to be the world’s leading source of counterfeit and pirated goods.
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Know your resources.
If you do encounter an issue, it’s good to know that there are some valuable resources available to you including an official copyright register that could help you to prove copyright ownership and take action against infringers. Official certification is part of the legal and business culture in China so you should think about recording your copyright. Find out more about this process.
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Beware trademark squatters
It’s a somewhat amusing name for a very serious issue. Trademark squatting is the practice of Chinese companies registering a trademark in your company name, making you unable to trade in China unless you pay them (usually a very large) sum of money. Find out more about how to avoid this issue.
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Know where to get help.
Be prepared in advance and know where to go to get help with IP infringements before they happen. The UK Intellectual Property Office (UKIPO) has an IP attaché service based in Beijing and Shanghai whose role is to support UK IP businesses.
It’s also useful to note that UKIPO produces several publications related to IP in China including ones relating to films, architecture, 3D product design, bad faith trade mark registrations and enforcing your IP in China.
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Be clear from the start.
Sometimes the best way to avoid any issues is to be explicit from the start about your position – and make sure it is 100% clear that your work is protected by copyright.
This can be done simply with a copyright statement including the copyright symbol and copyright holder name or by registering your copyright with the Copyright Protection Center of China (CPCC).