[Direct answer]Registration of copyright does not mean that it will not be infringed. Copyright automatically arises from the date the work is completed (Article 6 of the Implementing Regulations of the Copyright Law of the People's Republic of China), and registration is only preliminary evidence of ownership. Others may still plagiarize, steal, or repackage the work at any time. The real value of registration lies in providing evidence for rights protection: the copyright registration certificate, combined with the creative draft and publication records, can quickly fix the ownership and completion time of the work, significantly reducing the cost of providing evidence in litigation and platform complaints. If infringement is discovered, it is necessary to promptly fix the evidence through notarization or time stamps, and then proceed with platform complaints, administrative complaints, or litigation. If the compensation is difficult to calculate, the court may award statutory compensation of 500 yuan to 5 million yuan in accordance with Article 54 of the Copyright Law of the People's Republic of China. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem background and typical scenarios

Many companies believe that registering their works means they're in the clear, but infringements still happen in reality: software source codes are copied by former employees and taken to their new employers; public account articles are plagiarized and reposted in bulk; e-commerce product detail pages and packaging designs are copied by competitors; course videos are screen-recorded and resold; and some even register others' works first and then sue the original creators. There's also a type of reverse scenario that's easily overlooked - when rights holders claim commercial rights such as packaging and decoration based on copyright registration certificates, but fail to provide evidence of actual use and impact, they don't gain court support. Registration certificates are important tools, but they're not a universal solution.

II. Key points of contention

  • Is the ownership certificate sufficient? The registration certificate is prima facie evidence. If the other party raises a defense of prior creation or independent creation, it still needs to be reinforced by drafts, source files, and first publication records. If there is only a certificate but the evidence chain is broken, there is a risk in the determination of ownership.
  • How to establish infringement: Online infringing content is easy to delete or transfer, and the methods of obtaining evidence (notarized purchase, trusted timestamp, and blockchain storage) and the timing of obtaining evidence directly affect the determination of infringement and the amount of compensation.
  • What can the registration certificate prove? The certificate can prove the registration facts and registration time, but it cannot independently prove commercial rights such as actual use, popularity, or "having a certain influence". The latter requires evidence such as sales records, promotional investments, and market awareness to support it. For cases involving cross-protection of packaging and decoration and commercial logos, further reference can be madeLegal services for corporate commercial and contract disputes.

III. Professional analysis by Henglue Lawyers

A recent intellectual property dispute handled by Henglue Lawyers vividly demonstrates the limits of the probative force of registration certificates. Company A, a well-known paper industry enterprise, had its registered trademark recognized as a well-known trademark. Company B, authorized by a third party, used a registered trademark with similar lettering to produce similar products. In 2024, Company A sued, alleging that Company B imitated its well-known trademark and packaging design, constituting unfair competition, and sought compensation of 980,000 yuan. Company B appointed Henglue Lawyers to defend against the claims, arguing that: (1) the trademarks involved had a legitimate registration source and were clearly different from the rights-holder's trademark in the suffix letters, making it difficult to confuse them visually; (2) Company A only submitted a copyright registration certificate for its claimed packaging design, failing to prove that the design had been in long-term actual use and had recognition value, thus not constituting a well-known packaging design; and (3) Company B's authorized use period was short, with limited production and had already ceased operations, making high compensation claims lack factual basis. The court ruled that trademark infringement had occurred, but dismissed the claim of unfair competition. Given the short infringement period and small scale, the court determined that Company B should compensate the economic losses and reasonable expenses totaling 60,000 yuan, a reduction of over 920,000 yuan from the claimed amount. For rights holders, registration is just the starting point; actual use evidence is the foundation. For the defendant, the gaps in the plaintiff's evidence chain provide effective points for defense.

IV. Practical suggestions and legal basis

At the legal basis level: Article 10 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021) stipulates the specific content of authors' personal rights and property rights; Articles 52 and 53 list infringement acts, and the perpetrators shall bear responsibilities such as stopping infringement, eliminating the impact, and compensating for losses; Article 54 determines the order of compensation - calculated according to the actual losses of the right holders or the infringers' illegal gains, and where it is difficult to calculate, refer to the royalties; for intentional infringement and serious circumstances, punitive damages of not less than one but not more than five times the above-mentioned amounts may be imposed; where all of the above are difficult to determine, the court shall determine the compensation of not less than 500 yuan but not more than 5 million yuan based on the comprehensive circumstances of the infringement, and support the right holders to stop the infringement with reasonable expenses. Article 6 of the Implementing Regulations of the Copyright Law of the People's Republic of China clarifies that copyright arises from the date when the work is completed. Article 1195 of the Civil Code of the People's Republic of China establishes the "notice-removal" rule for online infringement, allowing right holders to notify platforms to take necessary measures such as removal, blocking, and disconnecting links. Where the platform fails to handle the matter in a timely manner, it shall bear joint and several liability for the expanded damage.

At the practical advice level: Creating means leaving traces. Save the drafts, source files, creative process, and communication records. Register and preserve the evidence of first publication promptly after completion; Identify infringements first and then take action to avoid notifying the other party and causing them to delete the post and destroy the evidence; Sort out the ownership chain and authorization documents before litigation, and clarify the ownership of works involving commissioned creation and works created during employment; Set up infringement monitoring on key platforms and regularly check whether your own works have been plagiarized or modified.

5. Henglu Law Firm's Reminder

The success or failure of copyright protection does not depend on "whether it has been registered", but on "whether the chain of evidence is complete". Registration is necessary, but so are the drafts, publication records, and evidence of actual use. When facing infringement, it's important to act quickly, first securing evidence and then evaluating the claim strategy. It's crucial to avoid emotional confrontations. We should have objective expectations about the probative force of the registration certificate, and when dealing with cross-cutting rights such as trademarks and decorations, we should combine evidence to corroborate each other between the certificate and the evidence of use. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

Q1: What's the point of registering a copyright?

The core function of registration is to facilitate evidence collection: the certificate of registration of a work specifies the name of the work, the completion time, and the author. It serves as preliminary evidence of ownership in litigation, platform complaints, and licensing transactions, significantly reducing the cost of providing evidence; if the other party wants to refute it, they need to provide counter-evidence. Registration can also provide cross-protection with trademarks and industrial designs, and in some scenarios, it can serve as a certificate of intangible assets. However, registration does not generate rights itself, nor is it a criterion for determining whether infringement has occurred. It cannot replace actual use and creative process evidence.

Q2: If you find that your work has been plagiarized, what should you do first?

First, secure the evidence and then contact the other party. Take screenshots of the infringing webpages, shops, and works one by one and have them notarized or stamped with a trusted timestamp to record the scope of dissemination and download volume. At the same time, save your own ownership evidence (drafts, source files, registration certificates, and first-published links). After securing the evidence, send warning letters, file complaints on platforms, or initiate lawsuits. Reversing the order may lead to the other party deleting posts and destroying evidence. In urgent situations, you can apply for pre-litigation injunctions to immediately stop the dissemination and prevent losses from expanding.

Q3: Can I protect my rights if I only have a registration certificate but no original draft of the work?

There is a risk of losing the case, but it's not inevitable. The registration certificate is prima facie evidence, and if the other party merely denies it orally, the ownership can be recognized. However, when the other party raises substantive defenses such as prior works or independent creations, it's difficult to support the claim with just the certificate. Additional evidence such as source files, records of the creative process, records of first publication, and third-party evidence are needed. It is recommended that creators file and regularly archive their source files according to time, and register and notarize important works in a timely manner to avoid being put on the defensive when seeking legal protection at the last minute.

Q4: If my copyright is infringed, how much compensation can I claim?

According to Article 54 of the Copyright Law of the People's Republic of China, the compensation shall be determined as follows: First, it shall be calculated based on the actual losses of the right holder or the infringer's illegal gains. If it is difficult to calculate, the compensation shall be referenced to the royalties; if it is difficult to determine both, the court shall determine the statutory compensation of not less than 500 yuan but not more than 5 million yuan based on the type of the work, its popularity, and the circumstances of the infringement; if the infringement is intentional and the circumstances are serious, the infringer may claim punitive damages of not less than one time but not more than five times the actual damages. Reasonable expenses such as notarization fees and attorney's fees may be claimed separately. The actual compensation awarded shall be directly related to the adequacy of the evidence provided.

Q5: How can I get the infringing content on the platform removed?

According to Article 1195 of the Civil Code of the People's Republic of China, the platform shall be sent a qualified notice including the ownership certificate, preliminary evidence of infringement, and specific links. The platform shall promptly forward the notice and take necessary measures such as deletion, blocking, or disconnecting the links. If the platform fails to handle the notice in a timely manner, it shall bear joint and several liability for the expanded damages with the infringer. The party may simultaneously file a complaint with the copyright administrative department or initiate legal proceedings. It should be noted that the complaint should be based on factual evidence. If the maliciously erroneous notice causes losses to the party being complained against, the notifier may also bear compensation liability.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm