Measures for the Registration of Computer Software Copyright 2002
The Measures for the Registration of Computer Software Copyright are hereby promulgated, and shall come into force on the day of promulgation.
Chapter 1 General Rules
Article 1 These Measures have been formulated in order to implement the Regulations on the Protection of Computer Software (hereinafter referred to as the Regulations).
Article 2 In order to promote the development of the software industry of China, and to improve the capacity of innovation and competitive power of the information industry of China, the administrative authorities of copyright of the State encourage the registration of software copyright, and give emphasized protection to the registered software.
Article 3 These Measures shall be applicable to the registration of software copyright, and the registration of exclusive license contracts and transfer contracts of software copyright.
Article 4 The applicant for the registration of software copyright shall be the copyright owner of the said software and the natural person, legal person or other organization that inherits, acquires or receives the software copyright.
The applicant for the registration of software copyright contract shall be the party to the exclusive license contract or the transfer contract of the software copyright.
Article 5 These Measures shall be applicable where the applicant or one of the applicants is a foreigner or stateless person.
Article 6 The National Copyright Administration shall be in charge of the administration of the registration of software copyright of the whole country.
The National Copyright Administration accredits the China Copyright Protection Center as the body for software registration.
Upon the approval of the National Copyright Administration, the China Copyright Protection Center may establish working offices of software registration at the localities.
Chapter 2 Application for Registration
Article 7 The software under application for registration shall be developed independently, or the software with significant improvement in functions or performance resulting from the modification of the original software upon the permit of the original copyright owner.
Article 8 In case of registration of the copyright of software jointly developed, all the copyright owners may negotiate and designate a copyright owner to handle the registration as a representative. Where the copyright owners fail to reach an agreement after negotiation, any one of the copyright owners may apply for the registration under the premise that the interests of other copyright owners shall not be damaged, anyhow, he shall indicate the other copyright owners.
Article 9 To apply for the registration of software copyright, one shall submit the following materials to the China Copyright Protection Center:
1) application form for software copyright registration filled in according to the requirements;
2) identification materials of the software;
3) relevant certifications.
Article 10 The identification materials of the software shall include the identification materials of the program and files.
The identification materials of the program and files shall consist of 30 successive pages respectively from the beginning and the end of the source program or any kind of file. Where the whole program and files have less than 60 pages, the whole source program and files shall be submitted. Except in special situations, each page of the program shall have no less than 50 rows and each page of file shall have no less than 30 rows.
Article 11 To apply for the registration of software copyright, one shall submit the following main certifications:
1) identity certification of the natural person, legal person or other organization;
2) where there is a written contract of the copyright ownership or a project task letter, the contract or the project task letter shall be submitted;
3) for the software developed from the original software upon the permit of the original software copyright owner, the license certification of the original copyright owner shall be submitted;
4) the inheritor, assignee or receiver of the right shall submit the certifications of the inheritance, acquirement or receiving.
Article 12 Those applying for the registration of software copyright may choose one of the following forms to make exceptional submission and keeping of the identification materials:
1) 30 successive pages respectively from the beginning and end of the source program, among which the credential part be covered by black wide oblique lines, but the covered part may not exceed 50% of the source program submitted;
2) 10 pages from the beginning of the source program, plus 50 successive pages from any part of the source program;
3) 30 successive pages respectively from the beginning and end of the target program, plus 20 successive pages from any part of the source program.
The exceptional submission and keeping of files shall be handled in reference to the provisions of the preceding paragraph.
Article 13 When registering the software copyright, the applicant may apply for sealing the source program, files or samples. Nobody may open the seal except the applicant or judicial organs.
Article 14 The parties to a transfer contract or exclusive license contract of software copyright may apply to the China Copyright Protection Center for registration. And the following materials shall be submitted when one party applies for the registration of contract:
1) registration form for contract filled in according to the requirement;
2) copy of the contract;
3) identity certification of the applicant.
Article 15 The applicant may ask to withdraw the application at any time before the application for registration is approved.
Article 16 The register of software copyright or the register of contract may alter or supplement the registered matters. The applicant shall submit the following materials when applying for alteration or supplementation of registration:
1) application form for alteration or supplementation filled in according to the requirements;
2) copy of the registration certificate or certification;
3) materials related to the alteration or supplementation.
Article 17 The uniform form drawn up by the China Copyright Protection Center shall be used in the application for registration, and be signed by the applicant.
The application form shall be filled out in Chinese. Where the various kinds of certificates and certifications submitted are in foreign languages, Chinese versions shall be attached.
The international standard A4 type 297 mm X 210 mm (length X width) paper shall be used for the documents of registration application.
Article 18 The application documents may be submitted directly or by registered post. The applicant shall indicate the name of the applicant and the software when submitting the relevant application documents, if there is acceptance number or registration number, that number shall be indicated.
Chapter 3 Examination and Approval
Article 19 With respect to the application as referred to in Article 9 and Article 14 of these Measures, the day on which the materials that meet the provisions of Chapter 2 of these Measures are received shall be the day of acceptance, and the applicant shall be notified in written form.
Article 20 The China Copyright Protection Center shall finish examining the accepted application within 60 days from the day of acceptance, make the registration if the application meets the provisions of the Regulations and these Measures, issue the corresponding registration certificate, and make public announcement of the registration.
Article 21 In any of the following situations, the registration shall not be made and the applicant shall be notified in written form:
1) the contents filled out in the form are incomplete or not normative, and no correction is made within the designated time limit;
2) the identification materials submitted are not those of the software program and files as provided for in the Regulations;
3) the name of the software, and the signature of the right owner in the application documents conflict, and no certifications for the conflict are submitted;
4) the ownership of the software applying for registration is disputed.
Article 22 Where the China Copyright Protection Center requires the applicant to correct other application materials, the applicant shall make the correction within 30 days, and it shall be deemed as the application is withdrawn if no correction is made upon the expiration of that time limit.
Article 23 The National Copyright Administration may cancel the registration according to any of the following circumstances:
1) final judgment;
2) decision on administrative punishment made by the administrative authority of copyright.
Article 24 The China Copyright Protection Center may cancel the registration upon the application of the applicant.
Article 25 Where the registration certificate is lost or damaged, one may apply for another or apply for exchanging for a new one.
Chapter 4 Public Announcement of Software Registration
Article 26 Except as otherwise prescribed by these Measures, anyone may consult the public announcement of software registration and the relevant registration documents that may be made known to the public.
Article 27 The contents of the public announcement of software shall be as follows:
1) registration of the software copyright;
2) registered matters of software copyright contract;
3) cancellation of software registration;
4) other matters.
Chapter 5 Expenses
Article 28 One shall pay the following fees when applying for software registration or transacting other matters:
1) registration fees of software copyright;
2) registration fees of software copyright contract;
3) registration alteration or supplementation fees;
4) registration certificate fees;
5) sealing and keeping fees;
6) exceptional submission and keeping fees;
7) consulting fees;
8) applications fees for cancellation of registration;
9) other fees need to be paid.
The specific charging standard shall be prescribed and promulgated by the National Copyright Administration jointly with the price department under the State Council.
Article 29 Where the applicant withdraws the application by himself or the registration department rejects the application, the fees already paid shall not be returned.
Article 30 The various kinds of fees as provided for in Article 28 of these Measures may be remitted through a post office or a bank, and may also be paid directly to the China Copyright Protection Center.
Chapter 6 Supplementary Provisions
Article 31 With respect to the various kinds of time limits as provided for in these Measures and designated by the China Copyright Protection Center, the first day shall not be included. Where the period is calculated on the basis of a year or a month, the corresponding day of the last month shall be the day of expiration; if there is no corresponding day in that month, the last day of that month shall be the day of expiration. If the day of expiration is a legal holiday, the first workday after the holiday shall be the day of expiration.
Article 32 With respect to the various kinds of documents mailed to the China Copyright Protection Center, the date of mailing indicated by the postmark shall be date of submission. If the date on the envelop indicated by the postmark is not clear, the date of receipt shall be the day of submission unless the applicant may give certification. With respect to the various kinds of documents mailed by the China Copyright Protection Center, if the place of delivery is the capital of a province or autonomous region, or is a municipality directly under the Central Government, the day 15 days after the documents are sent out, 21 days for other areas, shall be presumed to be the day on which the recipient receives the documents.
Article 33 If the applicant misses the time limit as provided for in these Measures or as designated by the China Copyright Protection Center due to force majeure or other justified reasons, he may ask for postponing the time limit within 30 days after the barrier is eliminated.
Article 34 The power to interpret, supplement and revise these Measures shall remain with the National Copyright Administration.
Article 35 These Measures shall come into force on the day of promulgation.