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Article 3 of the China CopyrightLaw defines copyrightable works as intellectual creations with originality in the realm of literature, art or science that can be represented in a certain form (the “tangibility” requirement in the US) and expands its scope by including other intellectual creations that meet the characteristics of works.
It has been debated whether NFTs/DC could be protected in China by designpatents. The current tendency is that of denying protection to designs of non-physical products, like metaverses. For more details on the topic of design and the metaverse in China see our previous blog post. Applicable IP rights.
The basic principle for copyright eligibility is that the work be original and reproducible. Unlike Europe where computer software is protected by patents, software is expressly protected under copyright in China. Industrial and graphicdesigns, applied art, architectural buildings are also protected by copyright.
TYPES OF INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTS : Copyrights are a fundamental type of intellectual property right that plays a crucial role in protecting the creative works of startups. Copyrightlaw grants exclusive rights to the creators or owners of original works, such as literary, artistic, musical, and dramatic creations.
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