Software copyright registration is also called software copyright registration
Measures for registration of computer software copyright
Chapter I General Provisions
Article 1 These measures are formulated for the implementation of the regulations on the protection of computer software (hereinafter referred to as the regulations).
Article 2 in order to promote the development of China's software industry and enhance the innovation and competitiveness of China's information industry, the State Copyright Administration Department encourages software registration and gives priority protection to the registered software.
Article 3 these measures are applicable to the registration of software copyright, exclusive license contract and transfer contract of software copyright.
Article 4 the applicant for software copyright registration shall be the copyright owner of the software and the natural person, legal person or other organization that inherits, assigns or inherits the software copyright.
The applicant for registration of software copyright contract shall be a party to the exclusive license contract or transfer contract of software copyright. Article 5 if the applicant or one of the applicants is a foreigner or stateless person, these Measures shall apply.
Article 6 the State Copyright Administration shall be in charge of the registration and administration of the software copyright of the whole country.
China Copyright Protection Center is recognized by the State Copyright Administration as the software registration authority.
With the approval of the State Copyright Administration, China Copyright Protection Center may set up local software registration offices.
Chapter II Application for registration
Article 7 the software applied for registration shall be software developed independently or modified with the permission of the original copyright owner, which has significant improvement in function or performance.
Article 8 in the case of copyright registration of software jointly developed, one copyright owner may be appointed as the representative of all copyright owners through consultation. If the copyright owners disagree through consultation, any copyright owner may apply for registration without harming the interests of other copyright owners, but other copyright owners shall be indicated. Article 9 to apply for software copyright registration, the following materials shall be submitted to the China Copyright Protection Center:
(One)Software copyright registration application form completed as required
(Two)Identification materials of software;
(Three)Relevant supporting documents。
Article 10 identification materials of software include identification materials of programs and documents.
The identification material of program and document shall consist of 30 consecutive pages before and after the source program and any kind of document. If the whole program and document are less than 60 pages, the whole source program and document shall be submitted. Except for specific cases, the program shall not be less than 50 lines per page, and the document shall not be less than 30 lines per page.
Article 11 to apply for software copyright registration, the following main supporting documents shall be submitted:
(One)Identification of natural person, legal person or other organization;
(Two)If there is a written contract or project assignment for copyright ownership, the contract or project assignment shall be submitted;
(Three)For software developed on the original software with the permission of the original software copyright owner, the license certificate of the original copyright owner shall be submitted;
(Four)The successor, assignee or successor of the right shall submit proof of the succession, assignment or succession of the right.
Article 12 An applicant for software copyright registration may choose one of the following ways to make an exception to the deposit of identification materials:
(One)The front and back 30 consecutive pages of the source program, in which the confidential part is covered with black wide slash, but the covered part shall not exceed 50% of the deposited source program;
(Two)The first 10 consecutive pages of the source program, plus 50 consecutive pages of any part of the source program;
(Three)30 consecutive pages in front and back of the target program, plus 20 consecutive pages for any part of the source program.
If the documents are deposited with exception, they shall be handled with reference to the provisions of the preceding paragraph.
Article 13 when registering software copyright, the applicant may apply to seal up the source program, document or sample. No one other than the applicant or the judicial organ may open the seal.
Article 14 parties to a software copyright transfer contract or exclusive license contract may apply to the China Copyright Protection Center for contract registration. When applying for contract registration, the following materials shall be submitted:
(One)Fill in the contract registration form as required;
(Two)A copy of the contract;
(Three)Identification of the applicant.
Article 15 before the application for registration is approved, the applicant may at any time request the withdrawal of the application.
Article 16 a software copyright registrant or a contract registrant may alter or supplement the registered items. When applying for registration change or supplement, the applicant shall submit the following materials:
(One)Fill in the application form of change or supplement as required;;
(Two)A copy of the registration certificate or certificate;
(Three)Materials related to changes or supplements.
Article 17 the application for registration shall use the unified form formulated by the China Copyright Protection Center and be sealed (signed) by the applicant.
The application form shall be completed in Chinese. If the certificates and supporting documents submitted are in foreign languages, a Chinese translation shall be attached.
The documents applying for registration shall use the international standard A4 type 297mmx210mm (length x width) paper.
Article 18 application documents may be submitted directly or registered by post. When submitting the relevant application documents, the applicant and software shall be indicated. If there is an acceptance number or registration number, the acceptance number or registration number shall be indicated.
Chapter III Examination and approval
Article 19 for the application referred to in Articles 9 and 14 of these measures, the date of receiving the materials conforming to the provisions of Chapter II of these Measures shall be regarded as the acceptance date, and the applicant shall be notified in writing.
Article 20 the China Copyright Protection Center shall, within 60 days from the date of acceptance, examine and complete the accepted applications. If the applications meet the provisions of the regulations and these measures, they shall be registered, issued with corresponding registration certificates, and announced. Article 21 under any of the following circumstances, the applicant shall not be registered and shall be notified in writing:
(一)The contents of the form are incomplete, nonstandard, and have not been corrected within the specified time limit;
(二)The submitted identification materials are not software programs and documents specified in the regulations;
(三)The name of the software and the signature of the obligee in the application documents are inconsistent, and the supporting documents are not submitted;
(四)There is a dispute over the ownership of the software applied for registration.
Article 22 If the China copyright protection center requires the applicant to make up and correct other registration materials, the applicant shall make up and correct them within 30 days. If the applicant fails to do so within the time limit, the application shall be deemed to have been withdrawn.
Article 23 The State Copyright Administration may cancel the registration under any of the following circumstances:
(One)The final judicial decision;
(Two)The administrative penalty decision made by the copyright administration department.
Article 24 the China Copyright Protection Center may cancel the registration according to the application of the applicant.
Article 25 If the registration certificate is lost or damaged, it may apply for reissue or renewal.
Chapter IV software registration announcement
Article 26 except as otherwise provided in these measures, anyone may consult the software registration notice and the relevant registration documents that can be made public.
Article 27 the contents of the software registration announcement are as follows:
(One)Software copyright registration;
(Two)Software copyright contract registration items;
(Three)Cancellation of software registration;
(Four)Other matters.
Chapter V expenses
Article 28 to apply for software registration or other matters, the following fees shall be paid:
(One)Software copyright registration fee;
(Two)Software copyright contract registration fee;
(Three)Change or supplement registration fee;
(Four)Registration certificate fee;
(Five)Storage fee;
(Six)Exceptional deposit fee;
(Seven)Inquiry fee;
(Eight)Application fee for cancellation of registration;
(Nine)Other fees to be paid.
The specific charging standards shall be stipulated and promulgated by the State Copyright Administration in conjunction with the price department under the State Council.
Article 29 Where an applicant withdraws his application automatically or the registration authority refuses to register, the fees paid shall not be refunded.
Article 30 the fees stipulated in Article 28 of these measures may be remitted by post office or bank, or paid directly to China Copyright Protection Center. Chapter VI supplementary provisions
Article 31 the first day of the various time limits specified in these measures and designated by the China Copyright Protection Center shall not be included. If the time limit is calculated by year or month, the corresponding day of the last month shall be the expiration date; if there is no corresponding day in the month, the last day of the month shall be the expiration date. If the expiration date is a statutory holiday, the first working day after the holiday shall be the expiration date.
Article 32 for documents mailed by the applicant to the China Copyright Protection Center, the date of postmark shall be the date of submission. If the date of postmark on the envelope is not clear, the date of receipt shall be regarded as the date of submission unless the applicant provides proof. If the place of service of various documents mailed by the China Copyright Protection Center is the provincial capital, the capital of the autonomous region or the municipality directly under the central government, 15 days from the date of issue of the documents and 21 days from other regions shall be presumed as the date of receipt of the documents by the addressee.
Article 33 If an applicant delays the time limit specified in these measures or designated by China copyright protection center due to force majeure or other legitimate reasons, he may request an extension of the time limit within 30 days after the obstacle is removed.
Article 34 these Measures shall be interpreted, supplemented and amended by the State Copyright Administration.
Article 35 these Measures shall come into effect as of the date of promulgation.
Registration process
Submit work - Copyright Authorization - submit (copy of business license and ID card) - pay fee - accept - Review - Certificate (2 months)