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With the Beijing Treaty, any performance of literary or artisticworks or expression of folklore is covered by intellectual property, independently from its nature or medium, including both fixed and unfixed works (live performances), acknowledging the creative activity of these performers in the same way as with regard to musicians and authors.
‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.
Literary, dramatic, musical, and artisticworks are only protected by copyright if they are “original”. In 1988 when these laws were introduced, “original” meant a work must be the product of the “skill, labour or judgement” of its author. The predominant view was that more time is needed to properly evaluate the options.
If the author is a foreign natural person or legal entity, the product design or 3D packaging may be protected as a foreign work of applied art under the Berne Convention for the Protection of Literary and ArtisticWorks (“Berne Convention”) for 25 years in China. For comparison, U.S.
Such creations may include literary and artisticworks, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. In simple terms, IP is a category of property that includes the intangible (i.e.,
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