Do I need to register to use foreign brand copyrights?

Some people have the opportunity to encounter foreign brands at work, and foreign brands pay special attention to copyright issues. Before using foreign brands, you need to apply for copyright with them. When applying for the copyright of foreign brands for domestic use, some people are also curious about whether registration is required. Below, the editor of Legal Savior Network will mainly introduce relevant knowledge to you.

Do I need to register to use foreign brand copyright?

Some foreign brands need to be registered in China Registered and recorded in the Customs Intellectual Property Protection System.

Legal requirements

According to Article 2 of the "Regulations on Customs Protection of Intellectual Property Rights" promulgated by the State Council, the Intellectual property rights protected by my country's customs should be related to imported and exported goods and governed by the laws of the People's Republic of China. , trademark exclusive rights, copyrights and copyright-related rights and patent rights protected by administrative regulations.

Therefore, the following intellectual property rights can apply to the customs for record protection:

1. National industrial and commercial administration Trademarks approved and registered by the Trademark Office of the General Administration of Customs (except service marks);

2. Internationally registered trademarks registered with the World Intellectual Property Organization and extended to my country (except service marks) ;

3. Inventions, designs, and utility model patents granted patent rights by the State Intellectual Property Office (including the former China Patent Office);

4. Copyrights and copyright-related rights owned by citizens or organizations that are members of the Berne Convention for the Protection of Literary and Artistic Works.

Only the intellectual property right holder can apply for intellectual property customs protection record. The “intellectual property right holder” here refers to the trademark registrant, patentee, copyright owner and copyright-related obligee as stipulated in my country’s Trademark Law, Patent Law and Copyright Law.

A licensee using intellectual property rights cannot use his or her own name toHowever, you can accept the entrustment of trademark registrants, patentees, copyright owners and copyright-related rights holders, and file applications as their agents and in the name of the rights holders.

Overseas rights holders must entrust domestic natural persons, legal persons or other organizations to handle the matter with the General Administration of Customs.

The use of foreign brand copyrights in China often needs to be determined based on specific circumstances. If it is necessary to register and file before use, remember to register and file first. The use of foreign brand copyrights requires registration and filing, but specifically how to register and file, what are the requirements, etc. In order to benefit yourself, it is best to discuss it with a lawyer from the Legal Savior Network.