Copyright of case registration-how to apply for copyright of case of fabric pattern

How to apply for the registration of pattern copyright depends first on whether the applied pattern works constitute works in the sense of copyright law, and the copyright protection is original works, so in order to obtain copyright protection, the works themselves should be original. The application process of pattern copyright registration is as follows:

I. Information required:

1. Works: scanned copy of business license, scanned copy of front and back of legal person ID card, sample of works, power of attorney, guarantee of rights, and statement of creation of works.

2. Personal works: the front and back of the personal author's ID card, work samples, power of attorney, and rights guarantee.

Second, the handling process:

Fill in the materials-submit-accept-review-issue the certificate (issue the certificate within 7- 10 working days)

Third, how to deal with:

1. Go to the local copyright registration department to apply for copyright registration protection.

One of the best ways to protect copyright is to go to copyright registration and get a copyright registration certificate.

2. Or apply for copyright registration protection from the Internet.

The advantage of doing copyright registration online is that you can do business without leaving home. The disadvantage is that it usually takes a little longer to register with the copyright registration department through the website than to register directly with the copyright registration department, and the cost may be slightly higher than the direct application.

3. The most convenient thing is to find a professional agency for copyright registration.

Looking for a professional organization to carry out copyright registration can avoid unnecessary troubles. Some agencies will develop different intellectual property packaging services according to the different needs of customers. For example, the respondents will get different discounts according to the number of your applications, and the consultant of the organization will also give you some choices when registering, such as whether to register as a single work or a series of works, whether to choose art works or graphic works, and whether to choose physical photos or design pictures as samples. Among them, for a series of works, if there is little difference between products, you can choose one or two representative registrations, because a product registration certificate can prove the effectiveness of all series of products, so from the perspective of cost performance, you may also suggest choosing one or two representative registrations.

Legal analysis on how to apply for pattern copyright of fabric patterns: how to register the copyright of patterns: the parties applying for copyright registration should submit identity certificates or provide certificates indicating the ownership of the rights of the works. The copyright registration authority shall conduct a one-month examination according to law, and if it meets the requirements, the work registration authority shall issue a work registration certificate.

Legal basis: Trial Measures for Voluntary Registration of Works

Article 2 The registration of works shall be voluntary. Whether a work is registered or not does not affect the copyright obtained by the author or other copyright owners according to law.

Article 8 When applying for the registration of a work, an author or other copyright owner shall present proof of identity or provide proof indicating the ownership of the work (such as a copy of the cover and copyright page, copies of some manuscripts, photos and samples, etc.). ), fill in the work registration form and pay the registration fee. Other copyright owners who apply for the registration of their works shall also produce certificates indicating the identity of the copyright owner (for example, the heir shall produce the identity certificate of the heir; The client of commissioned works shall present the entrustment contract). The owner of the exclusive right shall produce the contract to prove that he enjoys the exclusive right.

Article 11 of the Copyright Law of People's Republic of China (PRC) belongs to the author, except as otherwise provided in this Law. The citizen who creates a work is the author. A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author. If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.

How to apply for the copyright of a picture The copyright of a picture does not need to be applied, and it is automatically protected by the copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the state has established a voluntary registration system for copyright of works (note that it is voluntary registration), and copyright owners can register copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). According to the provisions of relevant laws, those who apply for copyright registration of pictures, if they are photographic works, need to pay the registration fee. For each piece of 300 yuan, if it is a series of works, the second piece is 100 yuan. The applicant submits the registration application materials-the registration institution checks the receiving materials-notifies the payment-the applicant pays the registration fee-the registration institution accepts the application-examines-produces and issues the registration certificate-and makes an announcement.

Material requirements: materials and requirements for applying for copyright registration of works: (1) Fill in a complete application form for copyright registration of works as required; (2) the identity certificate of the applicant; (3) Proof of ownership of rights; (4) Samples of works (samples of works in paper or electronic media can be submitted); (5) Description of the work (please write it from three aspects: creative intention, creative process and originality, and sign it by the author); (6) Where an application is entrusted to another person, the agent shall submit the power of attorney of the applicant; (7) the identity certificate of the agent.

How to check whether a picture is infringing? Picture infringement generally involves the copyright of pictures, the graphic registration of trademarks and the application for patent for appearance. Whether a picture is infringing depends on whether the copyright of its graphics is registered. Copyright is automatically generated at the beginning of design and is not announced to the public. It's hard to find. Even if the original author does not register copyright, it is difficult to prove the source. Put it another way, you can imagine it yourself. But the trademark is announced to the public and can be found. As far as trademarks are concerned, it is easy to judge whether the rights of others have been infringed. As for the inquiry of appearance patent, only the patent number can be found.

legal ground

Article 2 of the Copyright Law stipulates that works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.