Identify the work and the right to enforce
Copyright protection for foreign works depends on the applicable statutory and treaty basis. A China registration is not a universal precondition to protection. A certificate is useful evidence, but it does not replace an examination of authorship, assignments and licences.
The review should distinguish protected expression from an idea, concept or functional feature. It also checks whether the relevant use was authorised or falls within an applicable exception.
Work that can be scoped
- Identify the work, rights holder and chain of title.
- Compare the original work with the alleged copy and record where and how it is used.
- Preserve online evidence and review platform-notice requirements.
- Prepare civil claims, settlement proposals and evidence of loss or infringer benefit.
- Assess administrative enforcement where infringement also harms the public interest, or a rights-holder criminal complaint where an offence may be involved.
Documents that make the review useful
Keep source files, dated drafts, publication records, authorship records and agreements with employees, photographers, studios or contractors. Identify any assignment or licence relied on, its territory and scope, and the person entitled to enforce it.
Read the ownership and evidence guide →
An attractive product is not automatically protected by copyright in every aspect. The specific work, originality, ownership and alleged acts must be identified before making an infringement allegation.
Foreign documents and proceedings
Formal proceedings may require documents establishing the foreign entity and representative’s authority, appropriate certification and Chinese translations. The requirements depend on the document, jurisdiction of origin, applicable treaty and receiving authority. Obtain the document list before commissioning notarisation or translation.
Must the work have a Chinese copyright certificate?
Not in every case. Protection and proof are separate questions. A registration can support the evidence, while underlying creation and ownership materials remain important.
Is copying automatically a criminal matter?
No. Criminal copyright offences have additional statutory elements and thresholds. Civil infringement and criminal liability are assessed separately.
Legal basis & review date
Checked 20 September 2026. Official Chinese texts govern; the English explanations on this site are summaries.
- Copyright Law of the PRC (2020 amendment), Articles 2–3, 10–12, 52–57
- SPC / SPP Interpretation on Criminal IP Cases, Fa Shi [2025] No. 5
- Civil Procedure Law of the PRC (2023 amendment), Articles 73, 274–275
General information about mainland China. Application depends on the rights, conduct, evidence and procedure in the particular matter.