How Can Foreigners Apply for Software Copyright in China

Introduction to Computer Software Protection in China

Computer software is one of the protected subjects under the Copyright Law of the People's Republic of China. To further safeguard the rights of software authors and promote the development of the software industry and the informatization of the national economy, the State Council issued the new "Regulations on the Protection of Computer Software" on December 12, 2001, which took effect on January 1, 2002. These regulations clearly define the copyright protection for computer software.

The objects of software copyright protection include computer programs and related documentation. The subjects of protection are the developers who hold copyright or other rights holders who acquire copyright through transfer, inheritance, or assignment. As China is a member of the Berne Convention, software completed in a member country is automatically protected in China. However, software developed in non-member countries must first be published in a member country to be protected in China. The copyright protection period for individuals lasts for the lifetime of the author plus 50 years after their death, while for legal entities, it lasts for 50 years after the software's first publication.

Software Copyright Registration

According to Chinese law and practice, copyright registration for computer software is not mandatory. However, it is advisable to register to facilitate the resolution of copyright disputes. A software copyright registration certificate serves as preliminary evidence of ownership in litigation and is valid nationwide in China.

Foreign applicants can entrust a Chinese agency to submit a registration application to the Software Registration Center of the National Copyright Administration of China. Our company can assist both Chinese and foreign applicants with the software copyright registration process.

Required Information and Documents

1. Registration Application Form: Must be signed by the applicant. If there are multiple applicants, all must sign or one can represent the others with an authorization letter.

2. Applicant Information: Name, address (including postal code), nationality, and ID number. If the applicant is an entity, provide the contact person's name and phone number. Indicate whether the applicant is the original copyright owner or an heir/assignee, and provide notarized proof if applicable.

3. Identity Verification:

• For individuals: Notarized copy of ID.

• For entities: Notarized copy of business license.

4. Developer Information: Name, address, and nationality of the software developer, along with the development method (independent, collaborative, commissioned, or as a work task). Include notarized contracts if ownership issues arise.

5. Software Details: Name (full and abbreviated), classification number, version number, completion date, and publication date and location (if published).

6. Software Type: Indicate if the software is original, adapted, synthesized, or translated. Provide details of the original software if applicable.

7. Hardware Environment: Details of the computers used for development and operation, including specifications.

8. Software Environment: Operating system, supporting environment, programming language, source code length, and storage medium specifications.

9. Applicable Industry: Main application industries and purposes.

10. Pricing: Retail price or quotation (in US$).

11. Software Description: A brief overview (up to 500 words) including development purpose, main functions, and technical features.

12. Source Code Listing: Submit the first, middle, and last 20 pages of the source code, or the entire listing if under 60 pages.

13. Documentation: At least one of the following: design specification, user manual, maintenance manual, operation manual, or program flowchart.

Important Considerations

1. If the source code or documentation contains trade secrets, applicants may request confidential deposit upon submission, providing valid reasons. If approved, they can submit redacted materials.

2. After approval, applicants may request the Software Registration Center to seal the source code for future evidence, specifying the length and duration of the seal.

By following these guidelines, foreign applicants can successfully navigate the process of software copyright registration in China, ensuring their intellectual property is protected. If you need any questions, please contact our expert for further support marketing@gomaxgroup.com