Computer Software Copyright Registration Measures (2002)
The first chapter of the first section, this method is developed to implement the Computer Software Protection Ordinance (hereinafter referred to as "Ordinance"). Article 2 In order to promote the development of my country's software industry, enhance the innovation capacity and competitiveness of my country's information industry, the national copyright administrative department encourages software registration, and focus on registered software. Article 3 These Measures apply to software copyright registration and software copyright proprietary licensing contracts and transfer contract registrations. Article 4 Software Copyright Registration Applicants shall be the copyright owner of the software and natural persons, legal persons or other organizations that are subjected to software copyright. Applicants registered with the software copyright contract should be the parties to the software copyright proprietary license or transfer contract. Article 5 Any member of the applicant or an applicant is a foreigner, a non-staff person, and it is applicable to these Measures. Article 6 The National Copyright Bureau shall supervise the national software copyright registration management. The National Copyright Administration identified the China Copyright Protection Center as a software registration body. Approved by the National Copyright Administration, China Copyright Protection Center can set up a software registration office in local.
Chapter II, registering, seventh item, should be independently developed, or have important improvements in functionality or performance of the original software modified by the original software. Article 8 Cooperative software is registered by copyright, and a copyright owner can be determined by a copyright person. If the copyright owner is inconsistent, any copyright person may apply for registration without harming the interests of other copyright owners, but should indicate other copyright owners. Article 9 If you apply for software copyright registration, you should submit the following materials to the China Copyright Protection Center: (1) Software copyright registration application form; (2) the identification material of software; (3) related proof documents.
Article 10 The identification materials of the software include identification materials for procedures and documents. The identification materials for programs and documents should be consisting of source procedures and any piece of document, and then 30 pages of continuous 30 pages. The entire program and document should be submitted throughout the program and documentation. In addition to specific cases, the procedure is not less than 50 rows per page, and the document is not less than 30 lines per page. Article 11 If you apply for software copyright registration, the following main proofs shall be submitted: (1) The identity certificate of natural persons, legal persons or other organizations; (2) If the copyright owned by the written contract or the project task book, the contract or project task should be submitted Book; (3) After the original software copyright owner, the software developed in the original software should be submitted to the original authority of the license; (4) the rights heir, the acceptance of the person, the acceptance of the rights, the handling or tolerance Proof. Article 12 If the application is registered, one of the following methods can be selected for the discriminating material for exceptional delivery: (1) Before the source program, the continuous 30 pages of 30 pages, where the confidential part is covered with black wide slant lines, but The cover portion must not exceed 50% of the exchange source program; (b) the first 10 pages of the source program, plus continuous 50 pages of any part of the source program; (3) Before the target program, the last 30 pages of continuous 30 pages Plus a continuous 20 pages of any part of the source program. Documentation is exempted from the preceding paragraph specified. Article 13 When the software copyright is registered, the applicant can apply for a source program, document or sample. In addition to the applicant or the judiciary, no one will not pick up. Article 14 Software copyright transfer contracts or proprietary licensing contracts can apply for contract registration to the China Copyright Protection Center. When applying for contract registration, the following materials should be submitted: (1) The contract registration form fill in; (2) a copy of the contract; (3) Applicant identification. Article 15 The applicant may request withdrawal request before registering the application for approval. Article 16 Software Copyright Registers or Contractists can change or supplement registries. Applicants should submit the following materials when applying for registration changes or supplements: (1) Changes or supplementary application forms required; (b) a copy of the certificate or proof; (3) the material related to the change or supplement. Article 17 The registration application shall use the unified form formulated by the China Copyright Protection Center and is stamped by the applicant (signature). The application form should be filled in Chinese. The various documents and proof documents submitted are foreign languages, and the Chinese translation should be attached. Documents to apply for registration should use international standard A4 297mmx 210mm (long x width) paper. Article 18 Applications may be submitted or registered directly. When the Applicant submits the application document, the applicant, the name, the acceptor number or registration number should be indicated, and the acceptance number or registration number should be indicated.
Chapter III review and ratify Article 19 The applicant referred to in Articles 9 and 14 of these Measures shall be accepted by the date of accepting the materials specified in Chapter 2 of these Measures, and notice the applicant. Article 20 The China Copyright Protection Center shall apply to the completion of the acceptance of the accredited completion within 60 days from the date of acceptance, and apply for registration and registration of the Regulations and the appropriate registration certificate, and will be announced. Article 21 If one of the following circumstances is not registered and written notice: (1) The content of the table is incomplete, irregular, and not corrected within the specified period; (2) The identification material submitted is not The software programs and documents specified in the Regulations; (3) The software name, the right to sign the application file, and the documentation is not submitted; (4) The software discovery is the right to dispute. Article 22 The China Copyright Protection Center requires applicants to supplement other registration materials, and the applicant shall correct within 30 days. If it is not corrected, it is deemed to be withdrawn. Article 23 The National Copyright Administration shall undo the registration in accordance with one of the following conditions: (1) The final judicial judgment; (2) the administrative punishment decision made by the copyright administrative department. Article 24 The Chinese Copyright Protection Center can revoke registration according to the applicant's application. Article 25 If the registration certificate is lost or damaged, you can apply for reissue or renewal. Chapter IV Software Registration Announcement Article 26 In addition to this approach, anyone can consult the software registration announcement and the disclosed registration document. Article 27 The content of the software registration announcement is as follows: (1) Registration of software copyright; (2) Software copyright contract registration; (3) revoking of software registration; (4) Other matters.
Chapter 5 Fees 28 Article 28 Application Software Registration or Handling Other matters, should pay the following fees: (1) Software copyright registration fee; (2) Software copyright contract registration fee; (3) change or supplement the registration fee; (four) ) Registration certificate; (5) Seave storage fee; (six) exception payment fee; (7) query fee; (eight) revoke registration fee; (9) Other costs. The specific charging standard is regulated and announced by the State Copyright Bureau of the State Council. Article 29 If the applicant is automatically withdrawn or the registration authority is not registered, the payment is not returned. Article 30 Article 28 of these Measures, various fees set out in accordance with the provisions of the Post Office or bank, or directly to the China Copyright Protection Center.
