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ARTICLE · 22 DECEMBER 2010

Copyright Pledge in the PRC

Mayer Brown
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Copyright is a property right. Like other property rights, it can be pledged as a financial security. According to statistics, between 2000 and August 2010, the PRC Copyright Protection Centre had registered 934 copyright pledges, 747 of which related to computer software.

ChinaIntellectual Property
Kenny Wong
Kenny Wong
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Originally published December 22, 2010

Keywords: PRC Copyright Protection Centre, computer software, copyright pledge

Copyright is a property right. Like other property rights, it can be pledged as a financial security. According to statistics, between 2000 and August 2010, the PRC Copyright Protection Centre had registered 934 copyright pledges, 747 of which related to computer software.

The system of registering a copyright pledge has been in place since 1996. A new set of Measures for Registration of Copyright Pledge ("Measures") was published on 25 November 2010 and will come into force on 1 January 2011. These Measures clarify and improve the current system.

Instead of registering the pledge document, the Measures now require the parties (pledgor and pledgee) to jointly apply to the State Copyright Office to record the pledge. The pledge will only become effective when it is registered in the Register of Copyright Pledge ("Register"). To apply for

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