In order to strengthen protection of foreign copyrights and protect the rights and interests of copyright owners and users of foreign works, permanent representative offices of foreign copyright certification institutions and foreign copyright agencies were established in China with the permission of the Chinese government.
Permanent representative office of foreign copyright certification institutions
Foreign copyright certification institutions are the foreign organizations of copyright owners and related rights owners. Such institutions authorized by the National Copyright administration have the right to set up permanent representative offices in China. The main businesses of those agencies are contact services related to copyright certification, such as complaints against infringement to relevant departments, and identification of infringed articles and legal opinions.
When applying for the establishment of a permanent representative office, the following documents must be submitted to the National Copyright Administration:
(1) The application signed by the principal person in charge of the certification agency must include the name, business scope, name and address of the permanent representative office;
(2) Certificate of registration and a notarial certificate issued by the registration authority of the country or region where the certification authority is located;
(3) The original of the attorney signed by the principal person in charge of the certification authority and the identity certificate and resume of the representative.
Foreign copyright certification institutions shall apply to the State Administration for Industry and Commerce for registration within one month after the approval of the National Copyright Administration with the following documents:
(1) Relevant documents submitted to the National Copyright Administration;
(2) Documents approved by the National Copyright Administration;
(3) Credit certificates issued by financial institutions in the country or region where the copyright certification institution is located;
(4) Certificate of the place where the permanent representative office is stationed (limited to the use of foreign-related hotels, restaurants or office buildings);
(5) Other documents required by the State Administration for Industry and Commerce.
Foreign copyright agencies
Foreign copyright agencies mainly engaged in developing the market of the foreign works, providing legal advice on foreign copyright, signing contracts of transfer or authorization of the foreign works for copyright owner, helping to collect royalties and other income and settling copyright disputes involved in foreign works.
When applying for the establishment of a foreign copyright agency, the following materials must be provided to the National Copyright Administration:
1. Application form
2. Approved documents of the authorities
3. Articles of association and list of the business,
4. Members list and resume
5. Residence certificate
The National Copyright Administration and State Administration for Industry and Commerce punish the foreign copyright agencies, in accordance with administrative regulations if they commit one of the following acts:
(1) Fraudulently conceal the true situation when applying for establishment of a foreign copyright agency business
(2) Foreign agencies are poorly managed and unable to carry out normal copyright agency activities
(3) The failure of foreign agencies causes heavy losses to the copyright owners.
(4) The foreign agency colludes with a third party to damage the rights and interests of the copyright owners.
(5) The foreign agency engages in other illegal activities.
This English version is only for reference. To learn more, please refer to the authoritative Chinese version.
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