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Computer Software Copyright Registration

 

 

  Notice

1.   To apply for software registration, application documents shall be submitted in written and fees shall be paid as regulated.

2.    All the application documents shall be signed/stamped as regulated and signature/stamp shall be the same as the name or title written in application form.

3.   If the supporting documents are in foreign language, Chinese translations shall be accompanied. The supporting documents must be either originals or copies. If the applicants cannot submit the originals, the copies should be written with "same with the original” and signed or stamped by applicants.

4.   Application documents shall be in A4 papers, printed vertically and single-sided, with writing arranged from left to right.  Each part of the application documents shall be paginated numerically at the top right.

5.   Either registered letters or EMS shall be used for posted application documents.

6.   Registration can be conducted by the applicant in person or by the authorized agency.

7.   Copy of the submitted application documents shall be reserved by the applicant, for conformity with document content in procedure of document supplementation or amendment.

 
 

  Procedure

1.   General Procedures

Filling in the Application Form

Submitting the Application Documents

Paying the Application Fees

CPCC Accepting the Application

Supplementation and Amendment (Non-essential Procedure)

Obtaining Registration Certificate

 

2.   Filling in the Application Form

On the official website of Copyright Protection Center of China (CPCC), the applicant should register first, and then log in. Fill in the application form online as required, then confirm, submit and print it.

 

3.   Submitting the Application Documents

Registration application documents shall be submitted by the applicant or agency as required.

 

4.   Paying the Application Fees

If application documents meet the acceptance requirements, the applicant or agency shall pay the fees as required when notice of payment are given by CPCC.

 

5.   CPCC Accepting the Application

If application documents meet the requirements and fees are paid, CPCC shall accept application within time limit, and send notice of acceptance as well as payment receipt to the applicant or the agency.

 

6.   Supplementation and Amendment

If application documents are defective, supplementation or amendment shall be made by the applicant or the agency within time limit. If the applicant fails to supplement/amend within the time limit, the application shall be deemed to have been withdrawn. Registration institution shall not register the application which cannot meet the registration requirements after supplementation/amendment and shall issue written notice to the applicant or the agency.

 

7.   Obtaining Registration Certificate

After 30 working days since the acceptance date, the applicant or agency can log in the website of CPCC for registration notice of software copyright.

If the applicant or agency read the registration notice of the applied software, he can bring the original of acceptance notice to registration acceptance hall for the certificate after three working days since the issuing date of registration notice.

When postal delivery is needed, the correct contact address shall be filled in application form in advance. CPCC will courier the certificate accordingly.

 

 

  Fees

 

Computer Software Copyright Registration Charge Standard

(Approved by Ministry of Finance and NDRC)

     


  Documents Required

Anyone who meets the following requirements can apply for copyrights registration: the natural person, legal person or any organization entitles to software copyright by independently developing software; the natural person, legal person or any organization come to possession of the software copyrights by contract agreement, transferring, inheriting or taking over. 

 

Application documents for software copyright registration shall include: application form of software copyright registration, software identification material, applicant identity certification and relevant supporting documents. Counterparts are not required.

 

1.   Application Form of Software Copyright Registration

The hard copy of application form filled in online shall be submitted and the signature shall be original.

 

2.   Software (Program, Document) Identification Material

General submittal & deposit: For source codes and documents of over 60 pages, continuous 30 pages of the front part and rear part shall be submitted respectively. If less than 60 pages, all shall be submitted.

Exceptional submittal & deposit: submit software identification material pursuant to one of the ways regulated in Article 12 of Computer Software Copyright Registration Regulations.

 

Note: In source codes and documents, relevant software name as well as version number shall be marked on the header and pagination shall be made on the top right; the source code in each page should not be less than 50 lines and the document not less than 30 lines.

 

3.   Relevant Supporting Documents

Supporting documents include: identity certification of the applicant or agency, supporting documents for the ownership of rights.

 

   The Agency’s Identity Certification:

              The copy of agency’s identity certification shall be submitted for entrusted registration application. Entrusted matters, limit of power and time limit, etc., should be specified in application form.

 

   Valid Identity Certification Documents (Official Seal Required for Organization Application):

Business entities: copy of valid duplicate of business license should be submitted;

Institutional legal persons: copy of valid certificate of institutional legal persons should be submitted;

Commonalties: copy of valid commonalty certificate issued by Civil Affairs departments should be submitted.

Other organizations: copy of valid supporting document issued by AIC or Civil Affairs departments should be submitted.

Natural persons: copy of valid identity certification or passport should be submitted.

 

   Supporting Documents for Entitlement:

Commissioned development contract shall be submitted for commissioned development.

Cooperative development contract shall be submitted for cooperative development.

Document about task assignment shall be submitted for software assigned to develop.

Software copyright transfer agreement shall be submitted for transferred software copyright.

If, the enterprise of the original copyright possessor is merged or divided, and the merged or divided enterprise enjoys the copyright, supporting documents required include: certification of enterprise cancellation of registration, resolution of board of shareholders or directors, etc.

If, the inheritor inherits the copyrights, required documents include: the deceased’s death certification, valid will and relationship certification with the deceased, the inheritor’s identity certification, the court’s legal instruments, etc.

 

4.   Other Supporting Documents

Authorization documents shall be submitted for amending other’s software, which should be conducted under authorization.

 

 

 

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