Registration of Copyright of Computer Software
Requirements
Requirements for Registration of Copyright of Computer Software in China
1、Name, address (including post code), nationality and identification number of the applicant; name and telephone number of the person to contact if the applicant is an entity. If the applicant is the copyright owner, please also indicate:
(a) Whether the applicant is the original copyright owner or an heir or assignee of the copyright. If the applicant is an heir or assignee, a notarized copy of certificate of inheritance or assignment of the copyright shall be provided.
(b) The status in which the copyright is owned by the copyright owner, solely or jointly.
2、Documentation to prove the identification of the applicant, i.e., a notarized or legalized copy of identification card for an individual applicant, or a notarized or legalized copy of business license for an entity applicant.
3、Application form which shall be signed by the applicant. If there is more than one applicant, one applicant may represent all the other(s) while submitting at the same time an authorization to said applicant.
4、Description of the software, which should comprise (no more than 500 words): the objects of developing the software, main functions, capabilities and other technical features of the software or its newly added portion if the software is a revised one.
5、Source program list: 20 consecutive pages for each of the beginning, middle and ending portion of the source program list, or the whole source program list if it is less than 60 pages in total.
6、Documentation materials, such as the following:
a. Specification of the design.
b. User's guide.
c. Maintaining guide.
d. Operation guide.
Such documentation materials should be 20 consecutive pages for each of the beginning, middle and ending portion of the materials, or the whole materials, if it is less than 60 pages in total.
Power of Attorney which should be signed and dated by the copyright owner(s). If there is more than one owner, the Power of Attorney may be signed by all owners, or by one owner representing the other owners together with an authorization to the said owner.
Registration of Copyright of Works
Requirements for Registration of Copyright of Works in China
If the copyright owner is an individual, the following documents are required:
1、Certified or legalized copy of his or her identification card or passport.
2、Application form which shall be signed by the applicant. If there is more than one applicant, one applicant may represent all the other(s) while submitting at the same time an authorization to said applicant.
3、Description of work which should briefly introduce the contents of the work and the course of creation of the work.
4、Original and copy of the work.
5、Letter of guarantee of copyright.
6、Power of Attorney which shall be signed and dated by the copyright owner(s). If there is more than one owner, the Power of Attorney may be signed by all owners, or by one owner representing the other owners together with an authorization to the said owner.
If the copyright owner is an entity, the following documents are required:
1、Certified or legalized copy of its business license.
2、Application form which shall be signed by the applicant. If there is more than one applicant, one applicant may represent all the other(s) while submitting at the same time an authorization to said applicant.
3、Description of work which should briefly introduce the contents of the work and the course of creation of the work.
4、Certified copy of the author’s card or passport.
5、Certified copy of the entrusted person’s identification card or passport.
6、Original or copy of the agreement stating the belonging of the work.
7、Original and copy of the work.
8、Letter of guarantee of copyright.
9、Power of Attorney which shall be signed and dated by the copyright owner(s). If there is more than one owner, the Power of Attorney may be signed by all owners, or by one owner representing the other owners together with an authorization to the said owner.
Software copyright transfer
Documents required for software copyright transfer or registration of exclusive license contract
Software copyright transfer and exclusive license contract registration application documents shall include: the original or a copy of the contract, the applicant's identity certificate, a copy of the original registration certificate, and the results of the inquiry.
1、Transfer or exclusive license contract
The name of the software to be transferred, the scope of the transferred rights, the scope of the transferred rights, the effective date of the contract, etc. should be specified in the transfer contract, and the contract should meet the basic requirements of the Copyright Law and the Contract Law;
The exclusive license contract shall clearly specify the software name and version number, the scope of the license rights, the scope of the license area, and the duration of the exclusive license rights, etc. The contract shall meet the basic requirements of the Copyright Law and the Contract Law;
2、Identification documents:
Individual: provide a copy of personal ID
Company: Provide a copy of business license
3、A copy of the original registration certificate
If the contract involves copyright registration or other registration, a copy of the software copyright registration certificate or certificate shall be submitted.
4、Query results
If the contract involves copyright registration for the software, you must first check the copyright registration profile, and the query result is one of the application documents for such registration.
Application process:
Inquiry (10 working days)-Get query results-Prepare materials for transfer-Apply for transfer-Issue certificate
Cycle: 40 working days (transfer 30 working days + inquiry 10 working days）
Software copyright changes
1、Allowable changes:
Software name (including full name, short name and version number);
Applicants can apply for changes to the software version number, but only if the version number is preceded by a “V” or removed.
The name of the copyright owner;
2、Allowable supplementary matters:
First publication date;
After the unpublished software is registered, after the software is published, additional registration can be done for the publication date;
3、Items that are not allowed to be changed or added:
Changes in software expressions (increased or modified functions);
Software rights are transferred;
Changes in development completion date, first publication date, etc .;
Documents required for change / supplemental registration:
1、Application Form for Change / Supplement Registration
2、Certificate of change
①If the name of a natural person is changed, the original certificate issued by the public security organ shall be submitted;
②If the name of a legal person is changed, the original name change certificate issued by the registration authority shall be issued;
3、Identification documents
①Power of Attorney
When applying for entrusted agency, the entrusted matters, entrusted authority and entrusted period shall be specified;
②Valid identity document:
Where an enterprise legal entity applies, a copy of the business license copy shall be submitted;
Where a legal entity applies, a copy of the legal entity certificate shall be submitted;
If a natural person applies, submit a copy of a valid certificate such as an ID card or passport;
4、Registration Certificate
The applicant shall submit a copy of the software copyright registration certificate or certification.
Duration: 10 working days from the date of acceptance of the application for change or supplementary registration.
Process: prepare materials-agency review-Copyright Office review-acceptance-registration
Revoke or waive copyright
The applicant shall submit documents such as an application form for cancellation or abandonment of the software registration, the applicant's identity certificate, reasons for the cancellation or abandonment of the registration, the original software registration certificate, and the results of the inquiry.
1、Cancellation or abandonment of software registration application form
The applicant should submit an application form filled out and printed online, and the items in the application form should be completed in full as required; the applicant's signature should be the original and consistent with the name of the applicant. If there is a co-registrant, a co-registrant Sign opinions and seals in the application form.
2、Identification documents
Enterprise: Provide a copy of the company's business license
Individual: Provide copy of ID
Institutions: Submit a copy of a valid corporate legal person certificate;
Community unit: Submit a copy of a valid corporate legal person certificate issued by the civil affairs department;
Other organizations: Submit photocopies of certification documents issued by business administrations or civil affairs departments
3、Reasons for cancellation or abandonment
The applicant is required to submit a detailed statement of the reasons for cancellation or waiver of registration.
4、Original software registration certificate
Return the software registration certificate. If there are multiple certificates, please return them together.
5、Query results
To handle such registration, you need to check the copyright registration profile of the software. The query result is one of the application documents for handling such registration.
6、If an agent is entrusted, a copy of the identity certificate of the agent shall be submitted. The application form should clearly specify the entrusted matters and the scope of the entrusted authority.
Procedure
Fill in the application form for revoking or abandoning software copyright registration = "Submission of application documents =" Registration agency accepts applications = "Review, approval application =" Computer software copyright registration cancellation notice
Note: Before applying for software copyright registration cancellation, you must first check the software registration profile.
