中国人民共和国著作权法实施条例——英文版
法律法规中英文对照版(大全)
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中华人民共和国知识产权海关保护条例(英文版)
Regulation of the P. R. China on the customs protection of IP rightsPART ONE GENERAL PROVISIONSArticle 1 These Regulations are formulated in accordance with the PRC, Customs Law in order to implement customs protection of intellectual property rights, promote foreign economic trade and technological and cultural exchange, and safeguard social interests.Article 2 For the purposes of these Regulations, “customs protection of intellectual property rights” refers to the implementation of protection by customs of the exclusive rights to use a trademark, copyrights and the rights related thereto, and patent rights that are related to import and export goods and that are protected by PRC laws and administrative regulations (Intellectual Property Rights).Article 3 The State prohibits the import and export of goods that infringe upon Intellectual Property Rights.Customs shall implement protection of Intellectual Property Rights and exercise the relevant powers stipulated in the PRC, Customs Law in accordance with the provisions of relevant laws and these Regulations.Article 4 Owners of Intellectual Property Rights that request customs to implement protection of Intellectual Property Rights shall submit an application to customs for adoption of protective measures.Article 5 Consignees of import goods or their agents, and consignors of export goods or their agents shall truthfully declare to customs the details of Intellectual Property Rights related to the import or export goods, and shall submit the relevant supporting documents.Article 6 When implementing protection of Intellectual Property Rights, customs shall maintain the confidentiality of the trade secrets of the related parties.PART TWO RECORD FILING OF INTELLECTUAL PROPERTY RIGHTSArticle 7 An owner of Intellectual Property Rights may apply to the General Administration of Customs for record filing of his Intellectual Property Rights according to the provisions hereof. To apply for record filing, an application form shall be submitted. An application form shall include the following particulars:1. the name or personal name, place of registration or nationality, etc. of the owner of the Intellectual Property Rights;2. the name, details and the relevant information of the Intellectual Property Rights;3. the details of the exercise of the Intellectual Property Rights license;4. the name, place of origin, customs at the point of entry/exit, importers and exporters, major characteristics, and prices, etc. of the goods of which the Intellectual Property Rights are lawfully exercised by the owner of Intellectual Property Rights; and5. the manufacturers, importers and exporters, customs at the point of entry/exit, major characteristics, and prices, etc. of goods that are known to have infringed upon Intellectual Property Rights.Where there are supporting documents for the contents of the application form specified in the preceding paragraph, the owner of Intellectual Property Rights shall attach the supporting documents.Article 8 The General Administration of Customs shall, within 30 working days of the date of receipt of all application documents, render a decision on whether to grant approval for record filing, and shall notify the applicant in writing. Where approval for record filing is not granted, the reasons therefore shall be stated.The General Administration of Customs shall not grant approval for record filing in any of the following circumstances:1. the application documents are incomplete or invalid;2. the applicant is not the owner of the Intellectual Property Rights; or3. the Intellectual Property Rights are no longer protected by laws or administrative regulations.Article 9 If customs discovers that an owner of Intellectual Property Rights that applies for record filing of Intellectual Property Rights has not provided the relevant details or documents truthfully, the General Administration of Customs may revoke its filed record.Article 10 A filed record for customs protection of Intellectual Property Rights shall be effective as of the date on which the General Administration of Customs grants approval for record filing, and shall be valid for 10 years.Where the Intellectual Property Rights are valid, the owner of the Intellectual Property Rights may, within six months prior to the expiration of the term of validity of the filed record for customs protection of Intellectual Property Rights, apply to the General Administration of Customs for an extension of the filed record. The term of validity of each extension of a filed record shall be 10 years.Where no application for extension has been made upon the expiration of the term of validity of a filed record for customs protection of Intellectual Property Rights, or the Intellectual Property Rights are no longer protected by laws or administrative regulations, the filed record for customs protection of Intellectual Property Rights shall immediately become void.Article 11 Where there is a change in the details of a filed record of Intellectual Property Rights, the owner of the Intellectual Property Rights shall, within 30 working days of the date on which the change occurs, carry out the amendment or cancellation procedures with the General Administration of Customs.Where the owner of the Intellectual Property Rights does not apply to the amendment or cancellation procedures in accordance with the preceding paragraph so as to seriously affect other’s lawful import or export and the Customs supervision according to law, the General Administration of Customs can remove the record upon the application of the stakeholders or take the initiative to do so.PART THREE APPLICATION FOR IMPOUNDMENT OF GOODS SUSPECTED OF INFRINGING UPON RIGHTS, AND THE HANDLING THEREOFArticle 12 Where an owner of Intellectual Property Rights discovers that goods suspected of infringing upon rights are about to be imported or exported, he may submit an application for impoundment of goods suspected of infringing upon rights to the customs of the place where the goods are to enter into, or exit from, China.Article 13 Where an owner of Intellectual Property Rights requests customs to impound goods suspected of infringing upon rights, he shall submit an application form and the relevant supporting documents, and shall provide evidence that is sufficient to prove that the infringement clearly exists.An application form shall include the following main particulars:1. the name or personal name, place of registration or nationality, etc. of the owner of the Intellectual Property Rights;2. the name, details and the relevant information of the Intellectual Property Rights;3. the names of the consignees and consignors of the goods suspected of infringing upon rights;4. the name and specifications, etc. of the goods suspected of infringing upon rights; and5. the port by which, the time at which and the means of transportation by which, the goods suspected of infringing upon rights may enter into, or exit from, China.Where the goods suspected of infringing upon rights are suspected of infringing upon Intellectual Property Rights that are filed for record, the application form shall also include the customs record number.Article 14 Where an owner of Intellectual Property Rights requests customs to impound goods suspected of infringing upon rights, he shall provide to customsa guarantee equal to the value of the goods for compensation of any loss that may be incurred by the consignee or the consignor due to improper application, and for payment of fees for the storage, custody and disposal, etc. of the goods after they are impounded by customs. Where an owner of Intellectual Property Rights pays the fees for storage and custody directly to the storage provider, such fees shall be deducted from the guarantee. The specific procedures shall be formulated by the General Administration of Customs.Article 15 Where an owner of Intellectual Property Rights that applies for impoundment of goods suspected of infringing upon rights satisfies the provisions of Article 13 hereof and provides a guarantee in accordance with Article 14 hereof, customs shall impound the goods suspected of infringing upon rights, notify the owner of Intellectual Property Rights in writing, and deliver a certificate of impoundment by customs to the consignee or consignor.Where an owner of Intellectual Property Rights that applies for impoundment of goods suspected of infringing upon rights does not satisfy the provisions of Article 13 hereof or has not provided a guarantee in accordance with Article 14 hereof, customs shall reject the application and notify the owner of Intellectual Property Rights in writing.Article 16 Where customs discovers import or export goods that are suspected of infringing upon Intellectual Property Rights that are filed for record, it shall notify the owner of the Intellectual Property Rights immediately in writing. Where, within three working days of the date of delivery of the notification, the owner of the Intellectual Property Rights submits an application according to Article 13 hereof and provides a guarantee according to Article 14 hereof, customs shall impound the goods suspected of infringing upon rights, notify the owner of the Intellectual Property Rights in writing, and deliver a certificate of impoundment by customs to the consignee or consignor. Where the owner of the Intellectual Property Rights fails to submit an application or provide a guarantee within the time limit, customs may not impound the goods.Article 17 An owner of Intellectual Property Rights and the consignee or consignor may inspect the relevant goods upon the approval of customs.Article 18 Where the consignee or consignor considers that his goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights, he shall submit a written explanation to customs and attach the relevant evidence.Article 19 Where a consignee or consignor of goods suspected of infringing upon patent rights considers that his import or export goods have not infringed upon patent rights, he may, after providing a guarantee equal to the value of the goods, request customs to release his goods. If the owner of Intellectual Property Rights fails to institute an action at a people’s court within a reasonable time period, customs shall return the guarantee.Article 20 If, after customs has discovered import or export goods suspected of infringing upon Intellectual Property Rights that are filed for record and has notified the owner of the Intellectual Property Rights, the owner of the Intellectual Property Rights requests customs to impound the goods suspected of infringing upon rights, customs shall, within 30 working days of the date of impoundment, investigate and confirm whether the impounded goods suspected of infringing upon rights have infringed upon Intellectual Property Rights. If it cannot confirm an infringement, it shall notify the owner of the Intellectual Property Rights immediately in writing.Article 21 Where customs conducts an investigation into the impounded goods suspected of infringing upon rights and requests the assistance of the department in charge of Intellectual Property Rights, the relevant department in charge of Intellectual Property Rights shall provide assistance.Where the department in charge of Intellectual Property Rights requests customs to provide assistance in the handling of rights infringement cases involving import and export goods, customs shall provide assistance.Article 22 Where customs conducts an investigation into the impounded goods suspected of infringing upon rights and the relevant details, the owner of Intellectual Property Rights and the consignee or consignor shall coordinate with the investigation.Article 23 An owner of Intellectual Property Rights may, after applying to customs for adoption of protective measures, apply to the people’s court for an order of cessation of the infringing act or preservation of property for the impounded goods suspected of infringing upon rights prior to the institution of action in accordance with the provisions of the PRC, Trademark Law, the PRC, Copyright Law or the PRC, Patent Law.Customs that receives the notice to assist in execution of an order of cessation of an infringing act or preservation of property from the p eople’s court shall provide assistance.Article 24 Customs shall release the impounded goods suspected of infringing upon rights in any of the following circumstances:1. customs impounds goods suspected of infringing upon rights according to Article 15 hereof, and has not received the notice to assist in execution from the people’s court within 20 working days from the date of impoundment;2. customs impounds goods suspected of infringing upon rights according to Article 16 hereof, and has not received the notice to assist in execution from the people’s court within 50 working days from the date of impoundment, and cannot confirm that the impounded goods suspected of infringing upon rights has infringed upon Intellectual Property Rights after investigation;3. the consignee or consignor of the goods suspected of infringing upon patent rights requests customs to release his goods after providing a guarantee equal to the value of the goods; or4. customs considers that the consignee or consignor has sufficient evidence to prove that his goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property rights.Article 25 Where customs impounds goods suspected of infringing upon rights according to the provisions hereof, the owner of the Intellectual Property Rights shall pay the relevant fees for storage, custody and disposal, etc. Where the owner of the Intellectual Property Rights has not paid the relevant fees,customs may deduct such fees from the guarantee he provides to customs, or request the guarantor to perform the relevant guarantee liability.Where goods suspected of infringing upon rights are confirmed as having infringed upon Intellectual Property Rights, the owner of the Intellectual Property Rights may include the relevant fees for storage, custody and disposal, etc. he has paid in the reasonable expenditure paid for cessation of the infringing acts.Article 26 Where customs discovers a case suspected of a criminal offence during implementation of protection of Intellectual Property Rights, it shall hand over the case to the public security authority according to law for handling.PART FOUR LEGAL LIABILITYArticle 27 Where impounded goods suspected of infringing upon rights are confirmed as having infringed upon Intellectual Property Rights after investigation by customs, customs shall confiscate the goods.After customs has confiscated the goods that have infringed upon Intellectual Property Rights, it shall notify the owner of the Intellectual Property Rights in writing of the relevant details of such goods.Where confiscated goods that have infringed upon Intellectual Property Rights can be used for public welfare, customs shall transfer the goods to the relevant public welfare organizations to be used for public welfare. Where the owner of the Intellectual Property Rights wishes to acquire the goods, customs may transfer the goods to the owner of the Intellectual Property Rights for compensation. Where confiscated goods that has infringed upon Intellectual Property Rights cannot be used for public welfare and the owner of the Intellectual Property Rights does not wish to acquire the goods, customs may auction off the goods according to law after removing the infringing characteristics. Where the infringing characteristics cannot be removed, customs shall destroy the goods.Article 28 Where articles carried or sent by mail by individuals into or out of China exceed the amount for personal use or the reasonable amount and infringeupon the Intellectual Property Rights stipulated in Article 2 hereof, customs shall confiscate such articles.Article 29 Where, after customs has accepted an application for record filing of protection of Intellectual Property Rights and for adoption of protective measures for Intellectual Property Rights, an owner of Intellectual Property Rights cannot provide precise details and as a result, the goods infringing upon rights are not discovered, or the protective measures are not adopted in a timely manner or effectively, the owner of the Intellectual Property Rights shall bear the liability himself.Where, after an owner of Intellectual Property Rights has requested customs to impound goods suspected of infringing upon rights, customs cannot confirm whether the impounded goods suspected of infringing upon rights has infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights, or the people’s court rules that the goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights, the owner of Intellectual Property Rights shall be liable for compensation according to law.Article 30 Where the import or export of goods that infringe upon Intellectual Property Rights constitutes a criminal offence, criminal liability shall be pursued according to law.Article 31 Where the personnel of customs are derelict in their duties, abuse their authority or practice graft in their implementation of protection of Intellectual Property Rights, and a criminal offence is constituted, their criminal liability shall be pursued according to law. Where the same is insufficient to constitute a criminal offence, they shall be subjected to administrative penalty according to law.PART FIVE SUPPLEMENTARY PROVISIONSArticle 32 Where an owner of Intellectual Property Rights handles record filing of his Intellectual Property Rights with the General Administration of Customs, he shall pay the fee for record filing in accordance with the relevant State provisions.Article 33 These Regulations shall be implemented as of 1 March 2004. The PRC, Customs Protection of Intellectual Property Rights Regulations promulgated by the State Council on 5 July 1995 shall be simultaneously repealed.。
中华人民共和国著作权法实施条例(2017版)
中华人民共和国著作权法实施条例(2017版)《国务院关于废止和修改部分行政法规的决定》第一次修订根据2013年1月30日《国务院关于修改〈中华人民共和国著作权法实施条例〉的决定》第二次修订)第一条根据《中华人民共和国著作权法》(以下简称著作权法)，制定本条例。
第二条著作权法所称作品，是指文学、艺术和科学领域内具有独创性并能以某种有形形式复制的智力成果。
第三条著作权法所称创作，是指直接产生文学、艺术和科学作品的智力活动。
为他人创作进行组织工作，提供咨询意见、物质条件，或者进行其他辅助工作，均不视为创作。
第四条著作权法和本条例中下列作品的含义：(一)文字作品，是指小说、诗词、散文、论文等以文字形式表现的作品;(二)口述作品，是指即兴的演说、授课、法庭辩论等以口头语言形式表现的作品;(三)音乐作品，是指歌曲、交响乐等能够演唱或者演奏的带词或者不带词的作品;(四)戏剧作品，是指话剧、歌剧、地方戏等供舞台演出的作品;(五)曲艺作品，是指相声、快书、大鼓、评书等以说唱为主要形式表演的作品;(六)舞蹈作品，是指通过连续的动作、姿势、表情等表现思想情感的作品;(七)杂技艺术作品，是指杂技、魔术、马戏等通过形体动作和技巧表现的作品;(八)美术作品，是指绘画、书法、雕塑等以线条、色彩或者其他方式构成的有审美意义的平面或者立体的造型艺术作品;(九)建筑作品，是指以建筑物或者构筑物形式表现的有审美意义的作品;(十)摄影作品，是指借助器械在感光材料或者其他介质上记录客观物体形象的艺术作品; (十一)电影作品和以类似摄制电影的方法创作的作品，是指摄制在一定介质上，由一系列有伴音或者无伴音的画面组成，并且借助适当装置放映或者以其他方式传播的作品; (十二)图形作品，是指为施工、生产绘制的工程设计图、产品设计图，以及反映地理现象、说明事物原理或者结构的地图、示意图等作品;(十三)模型作品，是指为展示、试验或者观测等用途，根据物体的形状和结构，按照一定比例制成的立体作品。
中华人民共和国著作权法（2020年修正）
中华人民共和国著作权法（2020年修正）文章属性•【制定机关】全国人大常委会•【公布日期】2020.11.11•【文号】中华人民共和国主席令第六十二号•【施行日期】2021.06.01•【效力等级】法律•【时效性】现行有效•【主题分类】著作权综合规定正文中华人民共和国著作权法（1990年9月7日第七届全国人民代表大会常务委员会第十五次会议通过根据2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改〈中华人民共和国著作权法〉的决定》第一次修正根据2010年2月26日第十一届全国人民代表大会常务委员会第十三次会议《关于修改〈中华人民共和国著作权法〉的决定》第二次修正根据2020年11月11日第十三届全国人民代表大会常务委员会第二十三次会议《关于修改〈中华人民共和国著作权法〉的决定》第三次修正）目录第一章总则第二章著作权第一节著作权人及其权利第二节著作权归属第三节权利的保护期第四节权利的限制第三章著作权许可使用和转让合同第四章与著作权有关的权利第一节图书、报刊的出版第二节表演第三节录音录像第四节广播电台、电视台播放第五章著作权和与著作权有关的权利的保护第六章附则第一章总则第一条为保护文学、艺术和科学作品作者的著作权，以及与著作权有关的权益，鼓励有益于社会主义精神文明、物质文明建设的作品的创作和传播，促进社会主义文化和科学事业的发展与繁荣，根据宪法制定本法。
第二条中国公民、法人或者非法人组织的作品，不论是否发表，依照本法享有著作权。
外国人、无国籍人的作品根据其作者所属国或者经常居住地国同中国签订的协议或者共同参加的国际条约享有的著作权，受本法保护。
外国人、无国籍人的作品首先在中国境内出版的，依照本法享有著作权。
未与中国签订协议或者共同参加国际条约的国家的作者以及无国籍人的作品首次在中国参加的国际条约的成员国出版的，或者在成员国和非成员国同时出版的，受本法保护。
第三条本法所称的作品，是指文学、艺术和科学领域内具有独创性并能以一定形式表现的智力成果，包括：（一）文字作品；（二）口述作品；（三）音乐、戏剧、曲艺、舞蹈、杂技艺术作品；（四）美术、建筑作品；（五）摄影作品；（六）视听作品；（七）工程设计图、产品设计图、地图、示意图等图形作品和模型作品；（八）计算机软件；（九）符合作品特征的其他智力成果。
中华人民共和国著作权法(2020修正)
中华人民共和国著作权法(2020修正)【发文字号】中华人民共和国主席令第62号【发布部门】全国人大常委会【公布日期】2020.11.11【实施日期】2021.06.01【时效性】现行有效【效力级别】法律中华人民共和国著作权法（1990年9月7日第七届全国人民代表大会常务委员会第十五次会议通过根据2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改〈中华人民共和国著作权法〉的决定》第一次修正根据2010年2月26日第十一届全国人民代表大会常务委员会第十三次会议《关于修改〈中华人民共和国著作权法〉的决定》第二次修正根据2020年11月11日第十三届全国人民代表大会常务委员会第二十三次会议《关于修改〈中华人民共和国著作权法〉的决定》第三次修正）目录第一章总则第二章著作权第一节著作权人及其权利第二节著作权归属第三节权利的保护期第四节权利的限制第三章著作权许可使用和转让合同第四章与著作权有关的权利第一节图书、报刊的出版第二节表演第三节录音录像第四节广播电台、电视台播放第五章著作权和与著作权有关的权利的保护第六章附则第一章总则第一条为保护文学、艺术和科学作品作者的著作权，以及与著作权有关的权益，鼓励有益于社会主义精神文明、物质文明建设的作品的创作和传播，促进社会主义文化和科学事业的发展与繁荣，根据宪法制定本法。
第二条中国公民、法人或者非法人组织的作品，不论是否发表，依照本法享有著作权。
外国人、无国籍人的作品根据其作者所属国或者经常居住地国同中国签订的协议或者共同参加的国际条约享有的著作权，受本法保护。
外国人、无国籍人的作品首先在中国境内出版的，依照本法享有著作权。
未与中国签订协议或者共同参加国际条约的国家的作者以及无国籍人的作品首次在中国参加的国际条约的成员国出版的，或者在成员国和非成员国同时出版的，受本法保护。
第三条本法所称的作品，是指文学、艺术和科学领域内具有独创性并能以一定形式表现的智力成果，包括：（一）文字作品；（二）口述作品；（三）音乐、戏剧、曲艺、舞蹈、杂技艺术作品；（四）美术、建筑作品；（五）摄影作品；（六）视听作品；（七）工程设计图、产品设计图、地图、示意图等图形作品和模型作品；（八）计算机软件；（九）符合作品特征的其他智力成果。
中国人民共和国著作权法实施条例――英文版.
中国人民共和国著作权法实施条例——英文版Regulations for the Implementation of the Copyright Law of the People's Republic of China (Promulgated by Decree No. 359 of the State Council of the People's Republic of China on August 2, 2002, and effective as of September 15, 2002Article 1These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as "the Copyright Law".Article 2The term "works" as referred to in the Copyright Law means intellectual creations withoriginality in the literary, artistic or scientific domain, insofar as they can be reproduced in a tangible form.Article 3The term "creation" as referred to in the Copyright Law means intellectual activities inwhich literary, artistic or scientific works are directly created.Any organizational activity, consultation, material support or other auxiliary services conducted or offered for another person's creation shall not be deemed as creation.Article 4For the purposes of the Copyright Law and these Regulations, the following expressions concerning works shall have the meanings hereunder assigned to them:(1 "written works" means works expressed in written form, such as novels, poems, essays andtheses;(2 "oral works" means works expressed in form of spoken language, such as impromptu speeches,lectures and court debates;(3 "musical works" means such works as songs and symphonic works, with or withoutaccompanying words, which can be sung or performed;(4 "dramatic works" means such works as dramas, operas and local traditional operas for stageperformance;(5 "qu yi works" means such works as "xiang sheng" (cross talk, "kuai shu" (clapper talk, "da gu"(ballad singing with drum accompaniment and "ping shu" (story telling based on novels, which are mainly performed by recitation or singing, or by both;(6 "choreographic works" means works in which ideas and feelings are or can be expressedthrough successive body movements, gestures, facial movements, etc;(7 "acrobatic works" means works expressed through body movements and skills, such asacrobatics, magic and circus;(8 "works of fine arts" means two- or three-dimensional works of the plastic arts created in lines,colours or other media which impart aesthetic effect, such as paintings, works of calligraphy and sculptures;(9 "works of architecture" means works with aesthetic effect which are expressed in form of buildings or structures;(10 "photographic works" means artistic works created by recording images of objects onlight-sensitive or other materials with the aid of devices;(11 "cinematographic works and works created by a process analogous to cinematography" means works which are recorded on some material, consisting of a series of images, with or without accompanying sound, and which can be projected with the aid of suitable devices or communicated by other means;(12 "graphic works" means such works as drawings of engineering designs and product designs for the purpose of actual construction and manufacturing, and as maps and sketches showing geographical phenomena and demonstrating the fundamentals or the structure of a thing or an object;(13 "model works" means three-dimensional works made on the basis of the shape and the structure of an object to a certain scale, for the purpose of display, test or observation.Article 5For the purposes of the Copyright Law and these Regulations, the following expressions shall have the meanings hereunder assigned to them:(1 "news on current affairs" means the mere facts or happenings conveyed through the media such as newspapers, periodicals and radio and television programmes;(2 "sound recordings" means aural fixations of sounds of performances or of other sounds;(3 "video recordings" means fixations of a connected series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works created by a process analogous to cinematography;(4 "producer of sound recordings" means the person who first makes the sound recordings;(5 "producer of video recordings" means the person who first makes the video recordings;(6 "performer" means an actor, or a performing group or any other person who performs literary or artistic works.Article 6A copyright shall subsist on the date when a work is created.Article 7Works of foreigners or stateless persons first published in the territory of China, as provided in the third paragraph of Article 2 of the Copyright Law, shall be protected from the date of the first publication of the works.Article 8Where a work of a foreigner or a stateless person first published outside the territory of China is published in the territory of China within 30 days thereafter, it shall be deemed published simultaneously in the territory of China.Article 9Where a work of joint authorship cannot be separated into parts and exploited separately, the copyright therein shall be enjoyed by the co-authors and exercised under a unanimous agreement; where an agreement thereupon cannot be reached through consultation, any party may not, without justifications, prevent the other party or parties from exercising the copyright, except the transfer right; however, the gains thus obtained shall be distributed reasonably among all the co-authors.Article 10Where a copyright owner authorizes another person to make, based on his works, cinematographic works or works created by a process analogous tocinematography, it is deemed that he has permitted him to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original works.Article 11The term "tasks" as referred to in the first paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the duties the citizen shall fulfill in the legal person or organization by which he is employed.The term "material and technical resources" as referred to in the second paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the funds, equipment or materials purposely provided to the citizen by the legal person or organization by which he is employed for the creation of a work.Article 12Where, within two years after the completion of a work created in the course of employment, the author, with the consent by the entity he belongs to, authorizes a third party to exploit his work in the same manner as the entity may have, the remuneration obtained therefrom shall be divided between the author and the entity according to the agreed proportions.The period of two years after the completion of the work shall be calculated from the date on which the author submits the work to the entity.Article 13In the case of a work of an unidentified author, the copyright, except the right of authorship, shall be exercised by the owner of the original copy of the work. Where the author is identified, the copyright shall be exercised by the author or his successor.Article 14Where one of the co-authors of a work dies without any successor or legatee, the rights he enjoyed in the work as stipulated in subparagraphs (5 through (17 of the first paragraph of Article 10 of the Copyright Law shall be exercised by the other co-authors.Article 15The right of authorship, the right of revision and the right of integrity included in a copyright shall, after the death of the author, be protected by his successor or legatee.In the absence of a successor or legatee, the right of authorship, the right of revision and the right of integrity included in a copyright shall be protected by the administrative departments for copyright.Article 16The exploitation of a work the copyright in which is enjoyed by the State shall be managed by the administrative department for copyright of the State Council.Article 17In the case of a posthumous work, the right of publication may be exercised by the author's successor or legatee within a period of 50 years after the death of the author, unless the author had expressly stated otherwise. In the absence of a successor or legatee, the said right shall be exercised by the owner of the original copy of the work.Article 18In the case of a work of an unidentified author, the term of protection for the rights of such an author as provided in subparagraphs (5 through (17 of the first paragraph of Article 10 of the Copyright Law shall expire on December 31 of the 50th year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.Article 19Anyone who exploits another person's work shall clearly indicate the name of the author and the title of the work, except where the parties agree otherwise or the indication cannot be undertaken due to the special characteristic of the manner of exploiting the work.Article 20The term "published work" as referred to in the Copyright Law means a work which has been made available to the public by the copyright owner himself or under his permission.Article 21The exploitation of a published work which may be exploited without permission from the copyright owner in accordance with the relevant provisions of the Copyright Law shall not impair the normal exploitation of the work concerned, nor unreasonably prejudice the legitimate interests of the copyright owner.Article 22The rates of remuneration for the exploitation of works in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law shall be fixed and issued by the administrative department for copyright of the State Council jointly with the competent department for pricing of the State Council.Article 23Anyone who exploits another person's work shall conclude a licensing contract with the copyright owner, and the contract shall be made in written form insofar as the right licensed for exploiting the work has an exclusive nature, except where the work is to be published in a newspaper or a periodical.Article 24The contents of an exclusive right of exploitation provided in Article 24 of the Copyright Law shall be agreed upon by the contract. In the absence of such an agreement or of any clear agreement thereupon in the contract, it shall be deemed that the licensee has the right to prevent any other person, including the copyright owner himself, from exploiting the work in the same manner; unless otherwise agreed in the contract, the sublicensing of the same right to a third party by the licensee shall be subject to the permission from the copyright owner.Article 25An exclusive licensing contract and a copyright transfer contract concluded with the copyright owner may be filed with the administrative departments for copyright for the record.Article 26The term "rights and interests related to copyright" as referred to in the Copyright Law and these Regulations means the rights enjoyed by publishers in thetypographical designs of their books or periodicals, the rights enjoyed by performers in their performances, the rights enjoyed byproducers of sound and video recordings in their sound and video recordings, and the rights enjoyed by radio and television stations in their broadcasting programmes.Article 27Publishers, performers, producers of sound and video recordings, and radio and television stations, in the course of exercising their rights, shall not prejudice the rights of the copyright owners in the works being exploited and in the original works.Article 28Where it is agreed in a book publishing contract that the book publisher enjoys an exclusive publishing right but its particular contents are not specified, it shall be deemed that the book publisher has the exclusive right to publish a book in the same language and in the form of original or revised version, within the term of validity of the contract and the territory defined by the contract.Article 29If two separate subscription forms mailed by the copyright owner to the book publisher are still not able to be fulfilled within six months, it shall be deemed that the stock of the book is exhausted as referred to in Article 31 of the Copyright Law.Article 30Where a copyright owner declares in accordance with the second paragraph of Article 32 of the Copyright Law that no reprinting or excerpting of his work is permitted, he shall append such a declaration to the work when it is published in a newspaper or a periodical.Article 31Where a copyright owner declares in accordance with the third paragraph of Article 39 of the Copyright Law that no making of sound recordings of his work is permitted, he shall make such a declaration when his work is legally recorded.Article 32To exploit another person's work in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of theCopyright Law, the exploiter shall pay remuneration to the copyright owner within two months from the date of exploitation of the said work.Article 33Performances by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in their performances under the international treaties to which China has already acceded shall be protected by the Copyright Law.Article 34Sound recordings produced and distributed by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in the sound recordings produced and distributed by them under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 35The rights enjoyed by foreign radio and television stations in their broadcasting programmes under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 36Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright may impose a fine of not more than three times the volume of the illegal business; where the volume of illegal business is difficult to calculate, a fine of not more than 100,000 yuan may be imposed. Article 37Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright of the local people's government shall be responsible for the investigation into and dealing with such an act. The administrative department for copyright of the State Council may investigate into and deal with any act of infringement that is of nationwideeffect. Article 38These Regulations shall be effective on September 15, 2002. The Regulations for the Implementation of the Copyright Law of the People's Republic of China, which were approved by the State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991, shall be abolished at the same time.。
(中英文)版权保护法律
《世界版权公约》 (Universal Copyright Convention)
Байду номын сангаас
The Rome convention罗马公约
It is the international convention of protecting performers, record producer and broadcasting organization.保护表演者、唱片制作者和广播组织的国际公约
世界知识产权组织互联网条约
Anna queen law
安娜女王法令
The law on copyright problem was Britain's first a special law, and it was also the first copyright law in the world.
######版权产业与版权保护——国外版权产业法律规制述评/press/newsdetail.cfm?iCntno=8711
######中国专利协会
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It is the most important and the most unique intellectual property protection international treaty
in the world now.
WIPO Performances and Phonograms Treaty (WPPT)
保护文学和艺术作品伯尔尼公约，简称伯尔尼公约，是关于著作权保护的国际条约，1886年制定于瑞士伯尔尼。截至2012年3月14日，缔约方总数为165个国家，1992年10月15日中国成为该公约成员国。
专业英语：计算机软件保护条例(双语)
专业英语：计算机软件保护条例（双语）计算机软件保护条例Regulations for the Protection of Computer Software第一章总则Chapter I General Provisions第一条为保护计算机软件著作权人的权益，调整计算机软件在开发、传播和使用中发生的利益关系，鼓励计算机软件的开发与流通，促进计算机应用事业的发展，依照《中华人民共和国著作权法》的规定，制定本条例。
Article1. In order to protect the rights and interests of creators of computer software，to adjust the relationships of interest during the development，dissemination and use of computer software，to encourage the development and circulation of computer software，and to promote the development of computer applications these regulations are enacted in accordance with the provisions of the Copyright Law of the People's Republic of China.第二条本条例所称的计算机软件（简称软件，下同）是指计算机程序及其有关文档。
Article2. For the purposes of these regulations computer software （hereinafter referred to as software）refers to computer programs and related documentation.第三条本条例下列用语的含义是：Article3. Meanings of the following words used in these regulations are：（一）计算机程序：指为了得到某种结果而可以由计算机等具有信息处理能力的装置执行的代码化指令序列，或者可被自动转换成代码化指令序列的符号化指令序列或者符号化语句序列。
计算机软件保护条例中英文版
计算机软件保护条例第一章总则第一条为了保护计算机软件著作权人的权益,调整计算机软件在开发、传播和使用中发生的利益关系,鼓励计算机软件的开发与应用,促进软件产业和国民经济信息化的发展,根据《中华人民共和国著作权法》,制定本条例。
第二条本条例所称计算机软件（以下简称软件）,是指计算机程序及其有关文档。
第三条本条例下列用语的含义：（一）计算机程序,是指为了得到某种结果而可以由计算机等具有信息处理能力的装置执行的代码化指令序列,或者可以被自动转换成代码化指令序列的符号化指令序列或者符号化语句序列。
同一计算机程序的源程序和目标程序为同一作品。
（二）文档,是指用来描述程序的内容、组成、设计、功能规格、开发情况、测试结果及使用方法的文字资料和图表等,如程序设计说明书、流程图、用户手册等。
（三）软件开发者,是指实际组织开发、直接进行开发,并对开发完成的软件承担责任的法人或者其他组织；或者依靠自己具有的条件独立完成软件开发,并对软件承担责任的自然人。
（四）软件著作权人,是指依照本条例的规定,对软件享有著作权的自然人、法人或者其他组织。
第四条受本条例保护的软件必须由开发者独立开发,并已固定在某种有形物体上。
第五条中国公民、法人或者其他组织对其所开发的软件,不论是否发表,依照本条例享有著作权。
外国人、无国籍人的软件首先在中国境内发行的,依照本条例享有著作权。
外国人、无国籍人的软件,依照其开发者所属国或者经常居住地国同中国签订的协议或者依照中国参加的国际条约享有的著作权,受本条例保护。
第六条本条例对软件著作权的保护不延及开发软件所用的思想、处理过程、操作方法或者数学概念等。
第七条软件著作权人可以向国务院著作权行政管理部门认定的软件登记机构办理登记。
软件登记机构发放的登记证明文件是登记事项的初步证明。
办理软件登记应当缴纳费用。
软件登记的收费标准由国务院著作权行政管理部门会同国务院价格主管部门规定。
第二章软件著作权第八条软件著作权人享有下列各项权利：（一）发表权,即决定软件是否公之于众的权利；（二）署名权,即表明开发者身份,在软件上署名的权利；（三）修改权,即对软件进行增补、删节,或者改变指令、语句顺序的权利；（四）复制权,即将软件制作一份或者多份的权利；（五）发行权,即以出售或者赠与方式向公众提供软件的原件或者复制件的权利；（六）出租权,即有偿许可他人临时使用软件的权利,但是软件不是出租的主要标的的除外；（七）信息网络传播权,即以有线或者无线方式向公众提供软件,使公众可以在其个人选定的时间和地点获得软件的权利；（八）翻译权,即将原软件从一种自然语言文字转换成另一种自然语言文字的权利；（九）应当由软件著作权人享有的其他权利。
中国政府白皮书中英文对照
中国政府白皮书中国一贯以负责任的态度积极推动知识产权保护工作，在坚持遵循知识产权国际保护规则的同时，按照国情确定相应的知识产权保护水平，努力平衡知识产权创造者、应用者与社会公众之间的利益关系，使知识产权的创造与应用形成良性循环。
China has always adopted a responsible attitude to actively promoting IPR protection. While adhering to the international rules on IPR protection, China has decided on a level of IPR protection appropriate for its own national situation, and made great efforts to balance the interests among intellectual property creators, users and the general public, so as to create a benign circle for the creation and use of intellectual property.多年来，在全社会的共同努力下，中国保护知识产权取得重大进展。
Major progress has been made on IPR protection in China over the past years thanks to concerted efforts made by people from all walks of life.——建立健全符合国际通行规则、门类比较齐全的法律法规体系。
上世纪80年代以来，国家颁布实施了《中华人民共和国专利法》、《中华人民共和国商标法》、《中华人民共和国著作权法》和《计算机软件保护条例》、《集成电路布图设计保护条例》、《著作权集体管理条例》、《音像制品管理条例》、《植物新品种保护条例》、《知识产权海关保护条例》、《特殊标志管理条例》、《奥林匹克标志保护条例》等涵盖知识产权保护主要内容的法律法规，并颁布一系列相关的实施细则和司法解释，使中国知识产权保护的法律法规体系不断趋于完善。
中华人民共和国著作权法（2020年修正）
中华人民共和国著作权法（2020年修正）文章属性•【制定机关】全国人大常委会•【公布日期】2020.11.11•【文号】中华人民共和国主席令第六十二号•【施行日期】2021.06.01•【效力等级】法律•【时效性】现行有效•【主题分类】著作权综合规定正文中华人民共和国著作权法（1990年9月7日第七届全国人民代表大会常务委员会第十五次会议通过根据2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改〈中华人民共和国著作权法〉的决定》第一次修正根据2010年2月26日第十一届全国人民代表大会常务委员会第十三次会议《关于修改〈中华人民共和国著作权法〉的决定》第二次修正根据2020年11月11日第十三届全国人民代表大会常务委员会第二十三次会议《关于修改〈中华人民共和国著作权法〉的决定》第三次修正）目录第一章总则第二章著作权第一节著作权人及其权利第二节著作权归属第三节权利的保护期第四节权利的限制第三章著作权许可使用和转让合同第四章与著作权有关的权利第一节图书、报刊的出版第二节表演第三节录音录像第四节广播电台、电视台播放第五章著作权和与著作权有关的权利的保护第六章附则第一章总则第一条为保护文学、艺术和科学作品作者的著作权，以及与著作权有关的权益，鼓励有益于社会主义精神文明、物质文明建设的作品的创作和传播，促进社会主义文化和科学事业的发展与繁荣，根据宪法制定本法。
第二条中国公民、法人或者非法人组织的作品，不论是否发表，依照本法享有著作权。
外国人、无国籍人的作品根据其作者所属国或者经常居住地国同中国签订的协议或者共同参加的国际条约享有的著作权，受本法保护。
外国人、无国籍人的作品首先在中国境内出版的，依照本法享有著作权。
未与中国签订协议或者共同参加国际条约的国家的作者以及无国籍人的作品首次在中国参加的国际条约的成员国出版的，或者在成员国和非成员国同时出版的，受本法保护。
第三条本法所称的作品，是指文学、艺术和科学领域内具有独创性并能以一定形式表现的智力成果，包括：（一）文字作品；（二）口述作品；（三）音乐、戏剧、曲艺、舞蹈、杂技艺术作品；（四）美术、建筑作品；（五）摄影作品；（六）视听作品；（七）工程设计图、产品设计图、地图、示意图等图形作品和模型作品；（八）计算机软件；（九）符合作品特征的其他智力成果。
中华人民共和国知识产权海关保护条例(英文版)
Regulation of the P. R. China on the customs protection of IP rightsPART ONE GENERAL PROVISIONSArticle 1 These Regulations are formulated in accordance with the PRC, Customs Law in order to implement customs protection of intellectual property rights, promote foreign economic trade and technological and cultural exchange, and safeguard social interests.Article 2 For the purposes of these Regulations, “customs protection of intellectual property rights” refers to the implementation of protection by customs of the exclusive rights to use a trademark, copyrights and the rights related thereto, and patent rights that are related to import and export goods and that are protected by PRC laws and administrative regulations (Intellectual Property Rights).Article 3 The State prohibits the import and export of goods that infringe upon Intellectual Property Rights.Customs shall implement protection of Intellectual Property Rights and exercise the relevant powers stipulated in the PRC, Customs Law in accordance with the provisions of relevant laws and these Regulations.Article 4 Owners of Intellectual Property Rights that request customs to implement protection of Intellectual Property Rights shall submit an application to customs for adoption of protective measures.Article 5 Consignees of import goods or their agents, and consignors of export goods or their agents shall truthfully declare to customs the details of Intellectual Property Rights related to the import or export goods, and shall submit the relevant supporting documents.Article 6 When implementing protection of Intellectual Property Rights, customs shall maintain the confidentiality of the trade secrets of the related parties.PART TWO RECORD FILING OF INTELLECTUAL PROPERTY RIGHTSArticle 7 An owner of Intellectual Property Rights may apply to the General Administration of Customs for record filing of his Intellectual Property Rights according to the provisions hereof. To apply for record filing, an application form shall be submitted. An application form shall include the following particulars:1. the name or personal name, place of registration or nationality, etc. of the owner of the Intellectual Property Rights;2. the name, details and the relevant information of the Intellectual Property Rights;3. the details of the exercise of the Intellectual Property Rights license;4. the name, place of origin, customs at the point of entry/exit, importers and exporters, major characteristics, and prices, etc. of the goods of which the Intellectual Property Rights are lawfully exercised by the owner of Intellectual Property Rights; and5. the manufacturers, importers and exporters, customs at the point of entry/exit, major characteristics, and prices, etc. of goods that are known to have infringed upon Intellectual Property Rights.Where there are supporting documents for the contents of the application form specified in the preceding paragraph, the owner of Intellectual Property Rights shall attach the supporting documents.Article 8 The General Administration of Customs shall, within 30 working days of the date of receipt of all application documents, render a decision on whether to grant approval for record filing, and shall notify the applicant in writing. Where approval for record filing is not granted, the reasons therefore shall be stated.The General Administration of Customs shall not grant approval for record filing in any of the following circumstances:1. the application documents are incomplete or invalid;2. the applicant is not the owner of the Intellectual Property Rights; or3. the Intellectual Property Rights are no longer protected by laws or administrative regulations.Article 9 If customs discovers that an owner of Intellectual Property Rights that applies for record filing of Intellectual Property Rights has not provided the relevant details or documents truthfully, the General Administration of Customs may revoke its filed record.Article 10 A filed record for customs protection of Intellectual Property Rights shall be effective as of the date on which the General Administration of Customs grants approval for record filing, and shall be valid for 10 years.Where the Intellectual Property Rights are valid, the owner of the Intellectual Property Rights may, within six months prior to the expiration of the term of validity of the filed record for customs protection of Intellectual Property Rights, apply to the General Administration of Customs for an extension of the filed record. The term of validity of each extension of a filed record shall be 10 years.Where no application for extension has been made upon the expiration of the term of validity of a filed record for customs protection of Intellectual Property Rights, or the Intellectual Property Rights are no longer protected by laws or administrative regulations, the filed record for customs protection of Intellectual Property Rights shall immediately become void.Article 11 Where there is a change in the details of a filed record of Intellectual Property Rights, the owner of the Intellectual Property Rights shall, within 30 working days of the date on which the change occurs, carry out the amendment or cancellation procedures with the General Administration of Customs.Where the owner of the Intellectual Property Rights does not apply to the amendment or cancellation procedures in accordance with the preceding paragraph so as to seriously affect other’s lawful import or export and the Customs supervision according to law, the General Administration of Customs can remove the record upon the application of the stakeholders or take the initiative to do so.PART THREE APPLICATION FOR IMPOUNDMENT OF GOODS SUSPECTED OF INFRINGING UPON RIGHTS, AND THE HANDLING THEREOFArticle 12 Where an owner of Intellectual Property Rights discovers that goods suspected of infringing upon rights are about to be imported or exported, he may submit an application for impoundment of goods suspected of infringing upon rights to the customs of the place where the goods are to enter into, or exit from, China.Article 13 Where an owner of Intellectual Property Rights requests customs to impound goods suspected of infringing upon rights, he shall submit an application form and the relevant supporting documents, and shall provide evidence that is sufficient to prove that the infringement clearly exists.An application form shall include the following main particulars:1. the name or personal name, place of registration or nationality, etc. of the owner of the Intellectual Property Rights;2. the name, details and the relevant information of the Intellectual Property Rights;3. the names of the consignees and consignors of the goods suspected of infringing upon rights;4. the name and specifications, etc. of the goods suspected of infringing upon rights; and5. the port by which, the time at which and the means of transportation by which, the goods suspected of infringing upon rights may enter into, or exit from, China.Where the goods suspected of infringing upon rights are suspected of infringing upon Intellectual Property Rights that are filed for record, the application form shall also include the customs record number.Article 14 Where an owner of Intellectual Property Rights requests customs to impound goods suspected of infringing upon rights, he shall provide to customsa guarantee equal to the value of the goods for compensation of any loss that may be incurred by the consignee or the consignor due to improper application, and for payment of fees for the storage, custody and disposal, etc. of the goods after they are impounded by customs. Where an owner of Intellectual Property Rights pays the fees for storage and custody directly to the storage provider, such fees shall be deducted from the guarantee. The specific procedures shall be formulated by the General Administration of Customs.Article 15 Where an owner of Intellectual Property Rights that applies for impoundment of goods suspected of infringing upon rights satisfies the provisions of Article 13 hereof and provides a guarantee in accordance with Article 14 hereof, customs shall impound the goods suspected of infringing upon rights, notify the owner of Intellectual Property Rights in writing, and deliver a certificate of impoundment by customs to the consignee or consignor.Where an owner of Intellectual Property Rights that applies for impoundment of goods suspected of infringing upon rights does not satisfy the provisions of Article 13 hereof or has not provided a guarantee in accordance with Article 14 hereof, customs shall reject the application and notify the owner of Intellectual Property Rights in writing.Article 16 Where customs discovers import or export goods that are suspected of infringing upon Intellectual Property Rights that are filed for record, it shall notify the owner of the Intellectual Property Rights immediately in writing. Where, within three working days of the date of delivery of the notification, the owner of the Intellectual Property Rights submits an application according to Article 13 hereof and provides a guarantee according to Article 14 hereof, customs shall impound the goods suspected of infringing upon rights, notify the owner of the Intellectual Property Rights in writing, and deliver a certificate of impoundment by customs to the consignee or consignor. Where the owner of the Intellectual Property Rights fails to submit an application or provide a guarantee within the time limit, customs may not impound the goods.Article 17 An owner of Intellectual Property Rights and the consignee or consignor may inspect the relevant goods upon the approval of customs.Article 18 Where the consignee or consignor considers that his goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights, he shall submit a written explanation to customs and attach the relevant evidence.Article 19 Where a consignee or consignor of goods suspected of infringing upon patent rights considers that his import or export goods have not infringed upon patent rights, he may, after providing a guarantee equal to the value of the goods, request customs to release his goods. If the owner of Intellectual Property Rights fails to institute an action at a people’s court within a reasonable time period, customs shall return the guarantee.Article 20 If, after customs has discovered import or export goods suspected of infringing upon Intellectual Property Rights that are filed for record and has notified the owner of the Intellectual Property Rights, the owner of the Intellectual Property Rights requests customs to impound the goods suspected of infringing upon rights, customs shall, within 30 working days of the date of impoundment, investigate and confirm whether the impounded goods suspected of infringing upon rights have infringed upon Intellectual Property Rights. If it cannot confirm an infringement, it shall notify the owner of the Intellectual Property Rights immediately in writing.Article 21 Where customs conducts an investigation into the impounded goods suspected of infringing upon rights and requests the assistance of the department in charge of Intellectual Property Rights, the relevant department in charge of Intellectual Property Rights shall provide assistance.Where the department in charge of Intellectual Property Rights requests customs to provide assistance in the handling of rights infringement cases involving import and export goods, customs shall provide assistance.Article 22 Where customs conducts an investigation into the impounded goods suspected of infringing upon rights and the relevant details, the owner of Intellectual Property Rights and the consignee or consignor shall coordinate with the investigation.Article 23 An owner of Intellectual Property Rights may, after applying to customs for adoption of protective measures, apply to the people’s court for an order of cessation of the infringing act or preservation of property for the impounded goods suspected of infringing upon rights prior to the institution of action in accordance with the provisions of the PRC, Trademark Law, the PRC, Copyright Law or the PRC, Patent Law.Customs that receives the notice to assist in execution of an order of cessation of an infringing act or preservation of property from the p eople’s court shall provide assistance.Article 24 Customs shall release the impounded goods suspected of infringing upon rights in any of the following circumstances:1. customs impounds goods suspected of infringing upon rights according to Article 15 hereof, and has not received the notice to assist in execution from the people’s court within 20 working days from the date of impoundment;2. customs impounds goods suspected of infringing upon rights according to Article 16 hereof, and has not received the notice to assist in execution from the people’s court within 50 working days from the date of impoundment, and cannot confirm that the impounded goods suspected of infringing upon rights has infringed upon Intellectual Property Rights after investigation;3. the consignee or consignor of the goods suspected of infringing upon patent rights requests customs to release his goods after providing a guarantee equal to the value of the goods; or4. customs considers that the consignee or consignor has sufficient evidence to prove that his goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property rights.Article 25 Where customs impounds goods suspected of infringing upon rights according to the provisions hereof, the owner of the Intellectual Property Rights shall pay the relevant fees for storage, custody and disposal, etc. Where the owner of the Intellectual Property Rights has not paid the relevant fees,customs may deduct such fees from the guarantee he provides to customs, or request the guarantor to perform the relevant guarantee liability.Where goods suspected of infringing upon rights are confirmed as having infringed upon Intellectual Property Rights, the owner of the Intellectual Property Rights may include the relevant fees for storage, custody and disposal, etc. he has paid in the reasonable expenditure paid for cessation of the infringing acts.Article 26 Where customs discovers a case suspected of a criminal offence during implementation of protection of Intellectual Property Rights, it shall hand over the case to the public security authority according to law for handling.PART FOUR LEGAL LIABILITYArticle 27 Where impounded goods suspected of infringing upon rights are confirmed as having infringed upon Intellectual Property Rights after investigation by customs, customs shall confiscate the goods.After customs has confiscated the goods that have infringed upon Intellectual Property Rights, it shall notify the owner of the Intellectual Property Rights in writing of the relevant details of such goods.Where confiscated goods that have infringed upon Intellectual Property Rights can be used for public welfare, customs shall transfer the goods to the relevant public welfare organizations to be used for public welfare. Where the owner of the Intellectual Property Rights wishes to acquire the goods, customs may transfer the goods to the owner of the Intellectual Property Rights for compensation. Where confiscated goods that has infringed upon Intellectual Property Rights cannot be used for public welfare and the owner of the Intellectual Property Rights does not wish to acquire the goods, customs may auction off the goods according to law after removing the infringing characteristics. Where the infringing characteristics cannot be removed, customs shall destroy the goods.Article 28 Where articles carried or sent by mail by individuals into or out of China exceed the amount for personal use or the reasonable amount and infringeupon the Intellectual Property Rights stipulated in Article 2 hereof, customs shall confiscate such articles.Article 29 Where, after customs has accepted an application for record filing of protection of Intellectual Property Rights and for adoption of protective measures for Intellectual Property Rights, an owner of Intellectual Property Rights cannot provide precise details and as a result, the goods infringing upon rights are not discovered, or the protective measures are not adopted in a timely manner or effectively, the owner of the Intellectual Property Rights shall bear the liability himself.Where, after an owner of Intellectual Property Rights has requested customs to impound goods suspected of infringing upon rights, customs cannot confirm whether the impounded goods suspected of infringing upon rights has infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights, or the people’s court rules that the goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights, the owner of Intellectual Property Rights shall be liable for compensation according to law.Article 30 Where the import or export of goods that infringe upon Intellectual Property Rights constitutes a criminal offence, criminal liability shall be pursued according to law.Article 31 Where the personnel of customs are derelict in their duties, abuse their authority or practice graft in their implementation of protection of Intellectual Property Rights, and a criminal offence is constituted, their criminal liability shall be pursued according to law. Where the same is insufficient to constitute a criminal offence, they shall be subjected to administrative penalty according to law.PART FIVE SUPPLEMENTARY PROVISIONSArticle 32 Where an owner of Intellectual Property Rights handles record filing of his Intellectual Property Rights with the General Administration of Customs, he shall pay the fee for record filing in accordance with the relevant State provisions.Article 33 These Regulations shall be implemented as of 1 March 2004. The PRC, Customs Protection of Intellectual Property Rights Regulations promulgated by the State Council on 5 July 1995 shall be simultaneously repealed.。
中华人民共和国著作权法
中华人民共和国著作权法中华人民共和国著作权法是为了保护文学、艺术和科学作品作者的著作权以及与著作权有关的权益，鼓励有益于社会主义精神文明和物质文明建设的作品的创作和传播，促进社会主义文化和科学事业的发展与繁荣而制定的。
根据宪法，中国公民、法人或者其他组织的作品，不论是否发表，都享有著作权。
外国人、无国籍人的作品根据其作者所属国或者经常居住地国同中国签订的协议或者共同参加的国际条约享有的著作权，同样受到本法的保护。
第二章著作权规定了著作权人及其权利，著作权归属，权利的保护期以及权利的限制。
其中，著作权人行使著作权时，不得违反宪法和法律，不得损害公共利益。
国家对作品的出版、传播依法进行监督管理。
第三章著作权许可使用和转让合同规定了著作权的许可使用和转让合同。
第四章出版、表演、录音录像、播放分为图书、报刊的出版，表演，录音录像和广播电台、电视台播放。
第五章法律责任和执法措施对侵犯著作权的行为进行了规定，并明确了相关的法律责任和执法措施。
最后一章是附则，其中第二十六条规定，以著作权出质的，由出质人和质权人向国务院著作权行政管理部门办理出质登记。
本法经过多次修改和修正，旨在更好地保护著作权人的权益，促进文化和科学事业的繁荣发展。
根据本法，外国人和无国籍人的作品在中国首次出版即享有著作权。
如果这些作品未与中国签订协议或共同参加国际条约的国家的作者，或者无国籍人的作品首次在中国参加国际条约的成员国出版，或者在成员国和非成员国同时出版，则这些作品也受到本法的保护。
本法所称的作品包括文学、艺术和自然科学、社会科学、工程技术等形式的创作，如文字作品、口述作品、音乐、戏剧、曲艺、舞蹈、杂技艺术作品、美术、建筑作品、摄影作品、电影作品、工程设计图、产品设计图、地图、示意图等图形作品和模型作品、计算机软件、法律、行政法规规定的其他作品。
著作权人行使著作权时，不得违反宪法和法律，不得损害公共利益。
国家对作品的出版、传播进行监督管理。
【参考文档】实施条例英文-范文word版 (50页)
【参考文档】实施条例英文-范文word版本文部分内容来自网络，本司不为其真实性负责，如有异议或侵权请及时联系，本司将予以删除！== 本文为word格式，下载后可随意编辑修改！ ==实施条例英文中华人民共和国著作权法实施条例【1】Regulations for the Implementation of the Copyright Law of the PRC第一章一般规定CHAPTER I GENERAL PROVISION第一条根据中华人民共和国著作权法(以下简称著作权法)第五十四条的规定，制定本实施条例。
Article 1.The present Regulations are formulated according to the Article 54 of the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law).第二条著作权法所称作品，指文学、艺术和科学领域内，具有独创性并能以某种有形形式复制的智力创作成果。
Article 2.The term "works" used in the Copyright Law refers to original intellectual creations in the literary, artistic and scientific domain, in so far as they are capable of being reproduced in a certain tangible form.第三条著作权法所称创作，指直接产生文学、艺术和科学作品的智力活动。
中国著作权法2020官方英译本
中国著作权法2020官方英译本中国著作权法是保护知识产权的重要法律，对于促进创新和保护创作者权益起着至关重要的作用。
2020年，中国著作权法进行了修订，以适应新时代的发展需求。
下面是中国著作权法2020官方英译本的主要内容。
第一章：总则第一条明确了著作权法的适用范围，包括著作权的取得、行使和保护等方面。
第二条规定了著作权的定义和保护对象，包括文学、艺术和科学作品等。
第三条强调了著作权的平等保护原则，不论国籍、民族、居住地等因素都应受到同等保护。
第二章：著作权的取得和行使第四条规定了著作权的取得方式，包括原创作品、合作作品和委托作品等。
第五条明确了著作权的行使方式，包括署名权、修改权和发表权等。
第六条规定了著作权的转让和许可，明确了著作权人对作品的处分权。
第三章：著作权的保护第七条规定了著作权的保护期限，一般为作者终身加70年。
第八条明确了著作权人的权利，包括署名权、发表权和修改权等。
第九条规定了著作权的侵权行为，包括盗版、侵犯署名权和篡改作品等。
第十条规定了著作权的维权方式，包括诉讼和仲裁等。
第四章：著作权的管理第十一条规定了著作权的登记制度，著作权人可以通过登记来维护自己的权益。
第十二条明确了著作权的合同管理，包括著作权许可合同和转让合同等。
第十三条规定了著作权的集体管理，包括著作权集体管理组织的设立和运营等。
第五章：著作权的保护措施第十四条规定了著作权的技术保护措施，包括数字水印、加密和防拷贝等。
第十五条明确了著作权的网络保护措施，包括网络监测、封堵和追溯等。
第十六条规定了著作权的行政保护措施，包括行政处罚和行政强制等。
第六章：著作权的国际保护第十七条规定了著作权的国际保护原则，包括国际公约和双边协议等。
第十八条明确了著作权的国际合作，包括信息交流、培训和技术援助等。
第十九条规定了著作权的国际争端解决，包括仲裁和诉讼等。
第七章：附则第二十条明确了著作权法的解释权归最高人民法院和最高人民检察院。
作品权利共享许可条款（中英文）
作品权利共享许可条款（中英文）ERMS AND CONDITIONS OF COMMONS PUBLIC LICENSE知识共享组织(Creative Commons Corporation)不是一家律师事务所也不对外提供法律服务。
提供本许可协议文本并不导致“律师—当事人”关系的建立。
知识共享组织按其现状(As Is) 提供这些信息。
知识共享组织对于所提供的信息不提供任何担保，也不对因使用该信息而造成的损失承担损害赔偿责任。
CREATIVE COMMONS ORGANIZATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON A "STATUS QUO (AS-IS)" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED HEREIN, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.协议文本License本作品（定义如下）的提供是以适用知识共享组织的公共许可（简称“CCPL”或“许可”）条款为前提的。
本作品受著作权法以及其他相关法律的保护。
对本作品的使用不得超越本许可协议授权的范围。
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.如您行使本许可授予的使用本作品的权利，就表明您接受并同意遵守本许可的条款。
专业英语：计算机软件保护条例(双语)
专业英语：计算机软件保护条例（双语）计算机软件保护条例Regulations for the Protection of Computer Software第一章总则Chapter I General Provisions第一条为保护计算机软件著作权人的权益，调整计算机软件在开发、传播和使用中发生的利益关系，鼓励计算机软件的开发与流通，促进计算机应用事业的发展，依照《中华人民共和国著作权法》的规定，制定本条例。
Article1. In order to protect the rights and interests of creators of computer software，to adjust the relationships of interest during the development，dissemination and use of computer software，to encourage the development and circulation of computer software，and to promote the development of computer applications these regulations are enacted in accordance with the provisions of the Copyright Law of the People's Republic of China.第二条本条例所称的计算机软件（简称软件，下同）是指计算机程序及其有关文档。
Article2. For the purposes of these regulations computer software （hereinafter referred to as software）refers to computer programs and related documentation.第三条本条例下列用语的含义是：Article3. Meanings of the following words used in these regulations are：（一）计算机程序：指为了得到某种结果而可以由计算机等具有信息处理能力的装置执行的代码化指令序列，或者可被自动转换成代码化指令序列的符号化指令序列或者符号化语句序列。
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中国人民共和国著作权法实施条例——英文版Regulations for the Implementation of the Copyright Law of the People's Republic of China (Promulgated by Decree No. 359 of the State Council of the People's Republic of China on August 2, 2002, and effective as of September 15, 2002)Article 1These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as "the Copyright Law").Article 2The term "works" as referred to in the Copyright Law means intellectual creations withoriginality in the literary, artistic or scientific domain, insofar as they can be reproduced in a tangible form.Article 3The term "creation" as referred to in the Copyright Law means intellectual activities inwhich literary, artistic or scientific works are directly created.Any organizational activity, consultation, material support or other auxiliary services conducted or offered for another person's creation shall not be deemed as creation.Article 4For the purposes of the Copyright Law and these Regulations, the following expressions concerning works shall have the meanings hereunder assigned to them:(1) "written works" means works expressed in written form, such as novels, poems, essays andtheses;(2) "oral works" means works expressed in form of spoken language, such as impromptu speeches,lectures and court debates;(3) "musical works" means such works as songs and symphonic works, with or withoutaccompanying words, which can be sung or performed;(4) "dramatic works" means such works as dramas, operas and local traditional operas for stageperformance;(5) "qu yi works" means such works as "xiang sheng" (cross talk), "kuai shu" (clapper talk), "da gu"(ballad singing with drum accompaniment) and "ping shu" (story telling based on novels), which are mainly performed by recitation or singing, or by both;(6) "choreographic works" means works in which ideas and feelings are or can be expressedthrough successive body movements, gestures, facial movements, etc;(7) "acrobatic works" means works expressed through body movements and skills, such asacrobatics, magic and circus;(8) "works of fine arts" means two- or three-dimensional works of the plastic arts created in lines,colours or other media which impart aesthetic effect, such as paintings, works of calligraphy and sculptures;(9) "works of architecture" means works with aesthetic effect which are expressed in form of buildings or structures;(10) "photographic works" means artistic works created by recording images of objects onlight-sensitive or other materials with the aid of devices;(11) "cinematographic works and works created by a process analogous to cinematography" means works which are recorded on some material, consisting of a series of images, with or without accompanying sound, and which can be projected with the aid of suitable devices or communicated by other means;(12) "graphic works" means such works as drawings of engineering designs and product designs for the purpose of actual construction and manufacturing, and as maps and sketches showing geographical phenomena and demonstrating the fundamentals or the structure of a thing or an object;(13) "model works" means three-dimensional works made on the basis of the shape and the structure of an object to a certain scale, for the purpose of display, test or observation.Article 5For the purposes of the Copyright Law and these Regulations, the following expressions shall have the meanings hereunder assigned to them:(1) "news on current affairs" means the mere facts or happenings conveyed through the media such as newspapers, periodicals and radio and television programmes;(2) "sound recordings" means aural fixations of sounds of performances or of other sounds;(3) "video recordings" means fixations of a connected series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works created by a process analogous to cinematography;(4) "producer of sound recordings" means the person who first makes the sound recordings;(5) "producer of video recordings" means the person who first makes the video recordings;(6) "performer" means an actor, or a performing group or any other person who performs literary or artistic works.Article 6A copyright shall subsist on the date when a work is created.Article 7Works of foreigners or stateless persons first published in the territory of China, as provided in the third paragraph of Article 2 of the Copyright Law, shall be protected from the date of the first publication of the works.Article 8Where a work of a foreigner or a stateless person first published outside the territory of China is published in the territory of China within 30 days thereafter, it shall be deemed published simultaneously in the territory of China.Article 9Where a work of joint authorship cannot be separated into parts and exploited separately, the copyright therein shall be enjoyed by the co-authors and exercised under a unanimous agreement; where an agreement thereupon cannot be reached through consultation, any party may not, without justifications, prevent the other party or parties from exercising the copyright, except the transfer right; however, the gains thus obtained shall be distributed reasonably among all the co-authors.Article 10Where a copyright owner authorizes another person to make, based on his works, cinematographic works or works created by a process analogous to cinematography, it is deemed that he has permitted him to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original works.Article 11The term "tasks" as referred to in the first paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the duties the citizen shall fulfill in the legal person or organization by which he is employed.The term "material and technical resources" as referred to in the second paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the funds, equipment or materials purposely provided to the citizen by the legal person or organization by which he is employed for the creation of a work.Article 12Where, within two years after the completion of a work created in the course of employment, the author, with the consent by the entity he belongs to, authorizes a third party to exploit his work in the same manner as the entity may have, the remuneration obtained therefrom shall be divided between the author and the entity according to the agreed proportions.The period of two years after the completion of the work shall be calculated from the date on which the author submits the work to the entity.Article 13In the case of a work of an unidentified author, the copyright, except the right of authorship, shall be exercised by the owner of the original copy of the work. Where the author is identified, the copyright shall be exercised by the author or his successor.Article 14Where one of the co-authors of a work dies without any successor or legatee, the rights he enjoyed in the work as stipulated in subparagraphs (5) through (17) of the first paragraph of Article 10 of the Copyright Law shall be exercised by the other co-authors.Article 15The right of authorship, the right of revision and the right of integrity included in a copyright shall, after the death of the author, be protected by his successor or legatee.In the absence of a successor or legatee, the right of authorship, the right of revision and the right of integrity included in a copyright shall be protected by the administrative departments for copyright.Article 16The exploitation of a work the copyright in which is enjoyed by the State shall be managed by the administrative department for copyright of the State Council.Article 17In the case of a posthumous work, the right of publication may be exercised by the author's successor or legatee within a period of 50 years after the death of the author, unless the author had expressly stated otherwise. In the absence of a successor or legatee, the said right shall be exercised by the owner of the original copy of the work.Article 18In the case of a work of an unidentified author, the term of protection for the rights of such an author as provided in subparagraphs (5) through (17) of the first paragraph of Article 10 of the Copyright Law shall expire on December 31 of the 50th year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.Article 19Anyone who exploits another person's work shall clearly indicate the name of the author and the title of the work, except where the parties agree otherwise or the indication cannot be undertaken due to the special characteristic of the manner of exploiting the work.Article 20The term "published work" as referred to in the Copyright Law means a work which has been made available to the public by the copyright owner himself or under his permission.Article 21The exploitation of a published work which may be exploited without permission from the copyright owner in accordance with the relevant provisions of the Copyright Law shall not impair the normal exploitation of the work concerned, nor unreasonably prejudice the legitimate interests of the copyright owner.Article 22The rates of remuneration for the exploitation of works in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law shall be fixed and issued by the administrative department for copyright of the State Council jointly with the competent department for pricing of the State Council.Article 23Anyone who exploits another person's work shall conclude a licensing contract with the copyright owner, and the contract shall be made in written form insofar as the right licensed for exploiting the work has an exclusive nature, except where the work is to be published in a newspaper or a periodical.Article 24The contents of an exclusive right of exploitation provided in Article 24 of the Copyright Law shall be agreed upon by the contract. In the absence of such an agreement or of any clear agreement thereupon in the contract, it shall be deemed that the licensee has the right to prevent any other person, including the copyright owner himself, from exploiting the work in the same manner; unless otherwise agreed in the contract, the sublicensing of the same right to a third party by the licensee shall be subject to the permission from the copyright owner.Article 25An exclusive licensing contract and a copyright transfer contract concluded with the copyright owner may be filed with the administrative departments for copyright for the record.Article 26The term "rights and interests related to copyright" as referred to in the Copyright Law and these Regulations means the rights enjoyed by publishers in the typographical designs of their books or periodicals, the rights enjoyed by performers in their performances, the rights enjoyed byproducers of sound and video recordings in their sound and video recordings, and the rights enjoyed by radio and television stations in their broadcasting programmes.Article 27Publishers, performers, producers of sound and video recordings, and radio and television stations, in the course of exercising their rights, shall not prejudice the rights of the copyright owners in the works being exploited and in the original works.Article 28Where it is agreed in a book publishing contract that the book publisher enjoys an exclusive publishing right but its particular contents are not specified, it shall be deemed that the book publisher has the exclusive right to publish a book in the same language and in the form of original or revised version, within the term of validity of the contract and the territory defined by the contract.Article 29If two separate subscription forms mailed by the copyright owner to the book publisher are still not able to be fulfilled within six months, it shall be deemed that the stock of the book is exhausted as referred to in Article 31 of the Copyright Law.Article 30Where a copyright owner declares in accordance with the second paragraph of Article 32 of the Copyright Law that no reprinting or excerpting of his work is permitted, he shall append such a declaration to the work when it is published in a newspaper or a periodical.Article 31Where a copyright owner declares in accordance with the third paragraph of Article 39 of the Copyright Law that no making of sound recordings of his work is permitted, he shall make such a declaration when his work is legally recorded.Article 32To exploit another person's work in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law, the exploiter shall pay remuneration to the copyright owner within two months from the date of exploitation of the said work.Article 33Performances by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in their performances under the international treaties to which China has already acceded shall be protected by the Copyright Law.Article 34Sound recordings produced and distributed by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in the sound recordings produced and distributed by them under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 35The rights enjoyed by foreign radio and television stations in their broadcasting programmes under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 36Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright may impose a fine of not more than three times the volume of the illegal business; where the volume of illegal business is difficult to calculate, a fine of not more than 100,000 yuan may be imposed.Article 37Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright of the local people's government shall be responsible for the investigation into and dealing with such an act.The administrative department for copyright of the State Council may investigate into and deal with any act of infringement that is of nationwide effect.Article 38These Regulations shall be effective on September 15, 2002. The Regulations for the Implementation of the Copyright Law of the People's Republic of China, which were approved by the State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991, shall be abolished at the same time.。