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Copyright Registration: Is It Necessary or Just Optional?

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Copyright protection is granted automatically upon the creation of a work, without the need for registration. In fact, many jurisdictions do not maintain an official copyright registry.

Under the Berne Convention, a copyrighted work created by an author in any member state will be recognized and protected in all other member states.

In cases of copyright infringement, the copyright owner must provide evidence as proof of ownership. The evidence may be in the form of an affidavit or affirmation made by the owner that may serve as the proof of copyright ownership.

Though copyright registration is not mandatory, some jurisdictions have official authorities or business organizations that offer voluntary copyright registration services. These entities will issue copyright registration certificates, which can serve as proof of ownership and the date of creation of the copyrighted work.

These official authorities or business organizations will typically issue copyright certificates within one to three months, provided all required documents are properly submitted and in order.

The table below shows the availabilities of copyright registration in Asia and other popular countries for your easy reference:

Copyright Registration available in Asia
JurisdictionsRegistration AuthoritiesRemarks
AfghanistanMinistry of Information and Culture of AfghanistanVoluntary, provides proof of ownership.
ChinaChina Copyright Protection Center (“CCPC”)Voluntary but strongly recommended as it serves as prima facie evidence of ownership, in particular for software.
IndiaCopyright Office of IndiaVoluntary, establishes prima facie evidence of the facts contained on the registration certificate and may be used in court as proof of those facts.
IndonesiaDirectorate General of Intellectual Property of IndonesiaVoluntary but highly recommended as it provides official proof of ownership, which is crucial in legal disputes involving copyright infringement.
JapanAgency for Cultural AffairsVoluntary, establishes presumption of facts contained in registration for use in court.
Korea (South)Korea Copyright CommissionVoluntary, provides proof of ownership and date of creation.
MalaysiaIntellectual Property Corporation of MalaysiaVoluntary Notifications is to assist in providing prima facie evidence of ownership and evidence of date of creation, which aids the copyright owner to present to the court as proof of the facts made.
PakistanCopyright Office under the Intellectual Property Organization of PakistanVoluntary, provides official proof of ownership.
PhilippinesNational Library of the PhilippinesCopyright Certification is issued for the purpose of giving information on the fact of copyright registration and deposit of the copyrighted work in the National Library of the Philippines.
Taiwan (not a member of Berne Convention)Taiwan Copyright Association   Taiwan Development & Research Academia of Economic & Technology (“TEDR”)#Voluntary, provides prima facie evidence of ownership and date of creation.   #Copyright registration with the TEDR is subject to payment of annual fees starting from the 2nd year onwards.  Otherwise, the TEDR will destroy the copyright work file and only retain the certificate on their record.
ThailandDepartment of Intellectual Property of ThailandVoluntary, provides official proof of ownership.
VietnamCopyright Office of VietnamVoluntary, provides official proof of ownership.
Copyright Registration available in other popular countries
JurisdictionsRegistration AuthoritiesRemarks
CanadaCanadian Intellectual Property OfficeVoluntary, provides copyright owners with the official proof of ownership in case of infringement
USUnited States Copyright OfficeVoluntary, but copyright registration is still necessary for U.S. copyright owners to sue for infringement in federal court.  For foreign copyright owners, it is only required when suing.  However, copyright owners cannot claim statutory damages and/or attorney’s fee for pre-registration infringements.
FranceNational Institute of Industrial Property*   OR via voluntary deposit (1) Société des Auteurs et Compositeurs Dramatiques (SACD) (for dramatic works); (2) Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM) (for musical works) ^* Voluntary, provides official proof of ownership           ^ SACD and SACEM assist their members (copyright owners) to collect the royalties pertaining to the exploitation of their works.
PortugalGeneral Inspection of Cultural ActivitiesVoluntary, provides official proof of ownership
SpainSpanish Intellectual Property RegistryVoluntary, provides official proof of ownership
How We Can Help

We can assist clients in preparing affidavits or affirmations as proof of ownership for their copyrighted works. Additionally, our Shanghai office holds a registered account with the CCPC, allowing us to directly facilitate copyright recordal in China on behalf of our clients.

Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.

Asialaw 2025 Rankings: Oldham, Li & Nie Recognised Again Across Multiple Practice Areas and Sectors

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Oldham, Li & Nie has again been recognised by asialaw in the recently released asialaw profiles 2025.

The firm is ranked in the following practice areas:

  • Dispute Resolution – Highly Recommended
  • Intellectual Property – Highly Recommended
  • Corporate and M&A – Recommended
  • Labour & Employment – Recommended
  • Private Client – Recommended
  • Restructuring and Insolvency – Notable

In addition, Oldham, Li & Nie is recommended in the following sectors:

  • Insurance – Recommended
  • Technology and Telecommunications – Recommended
Asialaw Highly Recommended Law Firm 2025

Oldham, Li & Nie’s partners received five individual recognitions across their respective practice areas:

  • Gordon Oldham – Senior Statesman in Dispute Resolution
  • Richard Healy – Notable Practitioner in Dispute Resolution
  • Tracy Yip – Distinguished Practitioner in Corporate and M&A
  • Vera Sung – Distinguished Practitioner in Intellectual Property
  • Anna Chan – Distinguished Practitioner in Tax and Private Client

In its analysis, asialaw noted “Full-service law firm Oldham Li & Nie is particularly known for its dispute resolution practice. Gordon Oldham, Richard Healy and Anna Chan are main partners for dispute resolution, while Tracy Yip is a key partner for corporate and M&A. Oldham’s practice covers corporate finance, joint ventures and real-estate structuring as well as commercial litigation. It often deals with high-net-worth clients and financial aspects of matrimonial disputes.”

For more details, please visit Oldham, Li & Nie’s profile on asialaw: https://www.asialaw.com/Firm/oldham-li-nie-hong-kong-sar/Profile/1112#profile

The firm has also been shortlisted for the eighth annual asialaw Awards in two categories:

  • Oldham, Li & Nie – Hong Kong Law Firm of the Year
  • Anna Chan – Hong Kong Female Lawyer of the Year

About asialaw

asialaw  is the only directory with in-depth analysis of Asia’s regional and domestic firms and leading lawyers – useful for practitioners, BD teams, and corporate decision-makers. Beyond its rankings, asialaw also publishes awards shortlists and winners recognising top firms and client service excellence across the region.

For more information, please visit https://www.asialaw.com/

Oldham, Li & Nie Wins Hong Kong Law Firm of the Year for the Second Consecutive Year at the Asialaw Awards 2025

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Oldham, Li & Nie has once again been recognised as Hong Kong SAR Law Firm of the Year at the eighth annual asialaw Awards 2025, reaffirming its position as the leading firm in the region. The awards ceremony took place on 6 November 2025, in Ho Chi Minh City, Vietnam, where our Partner Anna Chan and Senior Associate Kacy Lam accepted the accolade on behalf of the firm.

This marks the second consecutive year that OLN has received this top jurisdictional honour, reflecting our continued commitment to excellence, innovation, and client service across all our practice areas.

Asialaw Awards 2025 Winner badge, Oldham, Li & Nie, Hong Kong SAR law firm of the year

About asialaw Awards

The asialaw Awards, organised by asialaw – a prominent legal directory known for its comprehensive regional rankings – recognise the most outstanding law firms, practitioners, and deals across Asia each year.

For 2025, asialaw celebrated legal excellence across 20 jurisdictions and 28 practice areas and industry sectors, based on meticulous research and feedback from clients and peers.

For the full list of winners and more information on the asialaw Awards 2025, please visit the asialaw website.

Oldham, Li & Nie Recognised by 2026 ITR World Tax

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We are proud to announce that Oldham, Li & Nie has once again been recognised among the leading tax law firms in Hong Kong in the newly published ITR World Tax 2026 edition.

In this year’s rankings, Oldham, Li & Nie achieved Tier 1 position in Private Client and Tier 3 in General Corporate Tax.

Our Partner and Head of Tax and Private Client practice, Anna Chan, has been recognised as a Highly Regarded Practitioner for outstanding work in Private Client and Tax Controversy, and was also honoured as a Women in Tax Leader.

Partner Victor Ng has been recognised as a Highly Regarded Practitioner for his significant contributions in General Corporate Tax and Private Client matters.

These recognitions highlight the depth of our Tax and Private Client team’s expertise and our commitment to client service.

OLN’s rankings in 2026 ITR World Tax

OLN’s practitioners profiles in 2026 ITR World Tax

ITR World Tax 2026 Highly Regarded Practitioner - Oldham, Li & Nie
ITR World Tax 2026 Women in Tax Leader - Oldham, Li & Nie
About ITR World Tax

ITR World Tax is the most comprehensive global directory of the world’s leading tax advisory firms and practitioners. Covering over 150 jurisdictions globally, it recognises firms and individuals who demonstrate technical excellence, commercial acumen, and outstanding client service.

The Impact of Marriage and Divorce on Wills and Inheritance in Hong Kong

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Both marriage and divorce are important events in a person’s life and often, in the excitement of making wedding arrangements or the chaos of going through a divorce, people often forget that the law views any Wills previously made or not made differently as a result of such events.

Dying without a Will

If you die in Hong Kong without a Will, your estate will be distributed in accordance with intestacy laws.   In other words, your assets will be distributed to your relatives by the order of husband/wife and children, parents, whole blood siblings, half-blood siblings, grandparents, uncles and aunts and finally the government.  The manner and ratio of distribution varies by personal circumstances.

If you have a spouse and children, the first HK$500,000 of your residuary estate plus all of your personal belongings would be given to your spouse.  The remaining residuary estate would be distributed 50% to your spouse and 25% to each of your surviving children.

Marriage and Impact on Estate Distribution

Marriage automatically revokes all previous Wills made, unless the Will is made in contemplation of your marriage.  If you do not make a Will in comtemplation of your marriage or after you sign the marriage papers, estate distribution would follow the intestate regime above.

Divorce and Impact on Estate Distribution

Divorces especially those involving children or one or both of the spouses having a significant amount of assets can last for years before the final divorce decree is granted. 

In the unfortunate event that you die before divorce proceedings conclude and you do not have a Will, your intestate estate will be distributed in accordance with the intestacy laws which gives a substantial portion of your estate to your spouse. 

If you die before the final divorce decree is granted and you made a Will before commencing divorce proceedings, your estate would be distributed in accordance with your Will which probably means that your spouse will share in your estate.

The importance of making a Will or remaking one at the time of marriage or prior to the commencement of divorce proceedings cannot be ignored. 

Third Parties and Impact on Estate Distribution

Partners outside of marriage and children born out of wedlock are normally not entitled to take from the estate in the case where a spouse dies with or without a Will.  However, they have a right to apply to the court under the Inheritance (Provision for Family and Dependents) Ordinance (Cap 481) to share in the estate especially if they have been financially provided for in the lifetime of the deceased spouse.  Such persons can also challenge the Will directly if one has been made.  There are ways to prevent this as long as the spouse is still alive.

If you would like to have a confidential discussion about how you can apply your hard-earned money in accordance with your wishes, or if your parents are in the midst of a divorce, are contemplating divorce or there is a third party in the marriage, please contact our Disputes Partner and Head of Elder Law, Eunice Chiu at eunice.chiu@oln-law.com or +852 2182 1885 (WhatsApp and Wechat +852 9169 4356).

Court of First Instance ruled employer failed to justify summary dismissal and awarded damages of more than HKD5.4 million to employee

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In Hu Yangyong v Alba Asia Limited [2025] HKCFI 2484 (OLN acted for the Plaintiff), the Court of First Instance found that the Defendant employer company failed to discharge its burden of justifying summary dismissal, and the Plaintiff employee was wrongfully dismissed by the Defendant employer company. The Court awarded damages to the Plaintiff as a result of the wrongful dismissal.

The Plaintiff was the Chief Operating Officer (Asia) of the Defendant since 1 June 2017. The Plaintiff’s employment contract provided for various allowances and benefits, such as out-of-pocket family expense reimbursement and business expense reimbursement. On 7 September 2018, the Plaintiff was summarily dismissed by the Defendant on the grounds of alleged misconduct and dishonesty arising from reimbursement of expenses.

The Court of First Instance reiterated and reaffirmed the principle on summary dismissal:
Summary dismissal is regarded as a strong and extreme measure and is justified only in exceptional cases. The onus of proof is on the employer to establish that summary dismissal is justified. The standard of proof is generally the balance of probabilities, but the more serious the allegation, the stronger the evidence must be before the court concludes that the allegation is proven. While summary dismissal may be justified by an act of gross misconduct by the employee, what amounts to gross misconduct requires a fact-finding exercise. An act of dishonesty will not automatically justify summary dismissal since there are degrees of dishonesty. Summary dismissal will only be justified if the dishonest act amounts to a repudiation of the contract of employment.

In the present case, the Court of First Instance found, amongst others, that summary dismissal was not justified, as the Defendant had failed to meet the thresholds required for summary dismissal. In particular, the Court found that the Plaintiff had genuinely incurred family expenses exceeding the threshold and had nothing to gain personally. The Defendant failed to show that the Plaintiff had acted with dishonesty or fraudulent intent.

Key takeaways:

Summary dismissal should be considered as a remedy of last resort. Employers should exercise caution before making a decision to summarily dismiss an employee.

The full judgment can be viewed here:

[https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=169764&QS=%24%28alba%2Casia%29&TP=JU]

Partner Victor Ng, Senior Associate Barbara Kwong, and Associate Claudia Wong acted for the Plaintiff.

OLN has extensive experience in handling employment-related matters, including wrongful termination, and contractual disputes. With a strong track record of representing both employers and employees, OLN is well-equipped to provide practical, strategic, and effective legal advice to navigate complex employment issues.

Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.