Howard and Thomas Tsang (don’t know if they are family) of Wilkinson and Grist wrote an article for Managing Intellecutal Property about a copyright infringement case concerning web design.
The plaintiff Eating.cn, yes a site about food, had duly registered its layout and design at the Chongqing Copyright Bureau. Since China is a signatory of the Berne Convention the enjoyment and the exercise of copyrights shall not be subject to any formality, according to article 5 (2) of this treaty. However, it is still wise to register your copyright, because it can be helpful to establish prima face evidence, for example ownership.
“Chongqing No 1 Intermediate People’s Court has confirmed that the layout and design of web pages per se can enjoy copyright protection in China. “
The court held that the specific arrangement, structure and layout of the plaintiff’s web pages were original and would qualify for protection under the PRC Copyright Laws.
No surprises here.
Read the MIP brief here.
