Registration Measures for Computer Software Copyright

0 CommentsPrint E-mail, January 20, 2010
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(Promulgated and shall come into effect of February 20, 2002 )

Chapter I. General Provisions

Article 1. These Measures are drafted to implement the Computer Software Protection Regulations (hereinafter referred as Regulations for short).

Article 2. In order to facilitate the development of the national software industry,, and to further the innovative ability as well as the competitiveness of the information industry, the national authorities for copyright administration shall encourage software registration, and place an emphasis on the protection of registered software.

Article 3. These Measures apply to the registration of software copyright protection as well as to exclusive licenses and transfer contracts for software copyright.

Article 4. The applicant for the registration of software copyright shall be the copyright owner of the software, and the natural person, legal person, or other entity that has acquired such copyright through inheritance, acquisition, or transfer. The applicant shall be the party to the exclusive license contract or transfer contract of the software copyright.

Article 5. These Measures shall apply if the applicants, or one of them, are foreign nationals or stateless persons.

Article 6. The National Copyright Administration shall be in charge of national administration of software copyright in China. The National Copyright Administration shall authorize the Center for Copyright Protection in China to be the venue for software registration. Subject to the approval of the National Copyright Administration, the Center for Copyright Protection in China is authorized to establish local offices for software registration.

Chapter II. Registration Application

Article 7. The software pending registration shall be developed independently, or rendered with significant improvements in the functioning or performance of the software after modification under the authorization of the original software copyright owner.

Article 8. In the case of copyright registration for jointly developed software, one copyright owner may be selected, by consultation with all of the copyright owners, as a representative to file the registration. If the consultation fails to produce a consensus, any copyright holder can apply for registration, under the premise that the other holders should be noted and their interests not harmed whatsoever as a result.

Article 9. The following materials shall be submitted to the Center for Copyright Protection in China to apply for software copyright registration: (1) Application form filled in as required for software copyright registration; (2) Identifying materials for the software, and ; (3) Relevant documents of proof.

Article 10. Identifying materials for the software shall include identification materials for the programs as well as for the files. The identifying materials for the programs and files shall comprise 30 consecutive pages respectively from the beginning and end of the source program or any kind of file. If the programs and files have less than a total of 60 pages, the whole source program and files shall be submitted. With the exception of specific cases, there shall be no less than 50 rows in a page of a program, and no less than 30 rows in a page of a file.

Article 11. The following documents of proof shall be submitted with an application for software copyright registration: (1) Identification documents of the natural person, legal person, or other entities; (2) Written contract of copyright ownership or project target documents, if any; (3) Authorization materials from the original copyright owner, in the case of software developed from existing software and; (4) Proof, if any, of inheritance, acquisition, transfer, or receipt

Article 12. The applicants for registration of software copyright may choose one of the following to make an exceptional submission and for keeping of the identifying materials: (1) 30 consecutive pages respectively from the beginning and end of the source program, among which the confidential part may be covered with wide black diagonal lines, but for not more than 50 percent of the source program; (2) The first 10 consecutive pages of the source program, plus 50 successive pages from any part of the source programs; or (3) 30 consecutive pages respectively at both the beginning and end of the source program, plus 20 successive pages from any part of the source program. The preceding paragraph shall be referred to in the case of the keeping of files and an exceptional submission.

Article 13. When filing a registration for software copyright, the applicant may request that the source programs, files, or samples be sealed. No one other than the applicants themselves or the judicial authorities shall unseal them.

Article 14. Parties to a transfer contract or exclusive license agreement on software copyright may file apply with the Center for Copyright Protection in China. The following materials shall be submitted with the application for registration: (1) Contract registration form filled in as required; (2) Copy of the contract; and (3) Proof of identity of the applicant.

Article 15. Applicants may at any time withdraw the registration application before it is approved.

Article 16. Registered claimants to software copyright or to a contract may apply for corrections or supplements to the registered items. The applicants shall submit the following materials for the corrections or supplements therein: (1) Correction or supplement application form filled in as required; (2) Copy of proof of registration certificate, or certification; and (3) Materials on the corrections or supplements.

Article 17. The uniform form made by the Center for Copyright Protection in China shall be used for the registration application, and it shall be stamped or signed by the applicants. The application form shall be completed in Chinese. If various identification documents or proofs are submitted in a foreign language, Chinese versions shall be affixed. The documents for application registration shall use A4 paper with the international standard of 297mm X 210mm.

Article 18. The application documents can be submitted directly or through registered mail. When submitting the relevant documents, the applicants shall note the name of the applicants and the software, in addition to, if any, the receipt or registration number.

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