How Can Foreigners Apply for Software Copyright in China?
- GOMAXGROUP
- Jul 1
- 3 min read
Updated: Jul 10
Understanding Software Protection in China
Computer software stands as a crucial element under the Copyright Law of the People's Republic of China. To protect the rights of software authors and encourage the software industry's growth, the State Council released the new "Regulations on the Protection of Computer Software" on December 12, 2001. These regulations came into force on January 1, 2002. They define the scope of copyright protection for computer software clearly.
The objects eligible for software copyright protection encompass computer programs and their respective documentation. Additionally, 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 any member country receives automatic protection in China. However, software produced in non-member countries must first be published in a member state for it to gain protection in China. The copyright protection extends for the lifetime of the author plus 50 years posthumously for individuals. For legal entities, the term lasts 50 years after the software's initial publication.
Why Register Software Copyright?
Copyright registration for computer software in China is not mandatory under the law. However, registering your software can significantly aid in resolving copyright disputes. Possessing a software copyright registration certificate acts as preliminary evidence of ownership during litigation and is valid across the nation.
Foreign applicants looking to register their software in China can delegate the task to a Chinese agency. This agency submits the registration application to the Software Registration Center of the National Copyright Administration of China. Our company offers assistance to both Chinese and foreign applicants navigating the software copyright registration process.
Required Information and Documents
Gathering the necessary documents for copyright registration is critical. Here’s a list of the information required:
Registration Application Form: This form must be signed by the applicant. If multiple people are applying, all must sign. Alternatively, one can represent the others with an authorization letter.
Applicant Information: Provide the name, address (including postal code), nationality, and ID number. If the applicant is an entity, include the contact person's name and phone number. Indicate if the applicant is the original copyright owner or an heir/assignee, providing notarized proof if applicable.
Identity Verification:
For individuals: Provide a notarized copy of the ID.
For entities: Submit a notarized copy of the business license.
Developer Information: Include the name, address, and nationality of the software developer, along with the development method (independent, collaborative, commissioned, or work task). If ownership issues arise, notarized contracts are also required.
Software Details: This requires the name (full and abbreviated), classification number, version number, completion date, and publication date and location (if applicable).
Software Type: Specify if the software is original, adapted, synthesized, or translated. Any details regarding the original software should be included when applicable.
Hardware Environment: Describe the computers used for both development and operation, providing detailed specifications.
Software Environment: Include the operating system, supporting environment, programming language, source code length, and storage medium specifications.
Applicable Industry: Indicate the main application industries and purposes of the software.
10. Pricing: Provide the retail price or quotation of the software in US dollars.
11. Software Description: Offer a brief overview within 500 words, including the development purpose, key functions, and technical features of the software.
12. Source Code Listing: Submit the first, middle, and last 20 pages of the source code, or the entire listing if it consists of fewer than 60 pages.
13. Documentation: At least one document needs to be submitted, such as a design specification, user manual, maintenance manual, operation manual, or program flowchart.
Important Considerations
Consider the following points when applying for software copyright registration:
If the source code or documentation holds trade secrets, applicants can request a confidential deposit during submission, providing valid justifications. If accepted, they may submit redacted materials.
Once approved, applicants have the option to request the Software Registration Center to seal the source code for future evidence. The specifics regarding the length and duration of this seal must be specified.
By adhering to these guidelines, foreign applicants can effectively navigate the process of software copyright registration in China. This ensures their intellectual property is well protected. Should you have any questions about this process, please feel free to contact our expert for further support.
Our expertise in helping clients with software copyright registration can make the journey smoother and less daunting. Remember, the protection of your software rights is crucial in today’s rapidly developing digital landscape.
