Title: Applying for Copyright Registration of Software in China

In China, copyright registration is an important legal measure for protecting software. The registration process is administered by the National Copyright Administration of China (NCAC). To obtain software copyright registration, applicants must meet certain requirements and follow specific procedures. This article provides a comprehensive guide to software copyright registration in China.

Definition of Software

According to Chinese law, software refers to \"computer programs, including the preparatory design material and the accompanying documentation.\" This definition includes software in all forms, such as source code, object code, machine-readable instruction sets, and software user manuals.

Requirements for Software Copyright Registration

To be eligible for software copyright registration in China, the following requirements must be met:

1. Originality

The software must be original work created independently by the applicant. It should not be a copy or modification of any other software.

2. Creativity

The software must have a certain degree of creativity, that is, it must possess unique and original features or expressions.

3. Completeness

The software must be a complete work, meaning that it must be executable and functional.

4. Fixation

The software must be fixed in a tangible medium, such as a hard disk, floppy disk, CD-ROM, or other storage media.

5. Legality

The software must comply with the laws of China, and it should not be used for illegal or harmful purposes.

Procedure for Software Copyright Registration

The software copyright registration procedure consists of the following steps:

1. Application

The applicant must submit an application to the NCAC, along with the following materials:

• Software application form, which can be downloaded from the NCAC website.

• Identity certificate of the applicant.

• Proof of ownership of the copyright, such as a contract or agreement.

• One copy of the software source code or object code.

• Other supporting materials, such as a software user manual, design drawings or any other relevant documents.

2. Examination and Approval

After receiving the application, the NCAC will conduct an examination within 30 working days to determine whether the software meets the eligibility criteria. If the software is found to be eligible for registration, the NCAC will issue a notification of acceptance.

3. Registration

once the NCAC issues the notification of acceptance, the applicant must pay the registration fee and submit a formal registration application within 30 days. After examination, the NCAC will issue a copyright registration certificate to the applicant. The registration process takes about 60 working days to complete.

Benefits of Software Copyright Registration

Software copyright registration provides several benefits to the software developer/owner, including:

• Evidence of ownership: The registration certificate is strong evidence of the software owner’s rights and helps to prevent infringement and unauthorized use.

• Legal protection: Copyright registration provides legal protection to the software owner and enables the owner to take legal action against infringers.

• Licensing and transfer: Copyright registration facilitates licensing and transfer of the software to others.

Conclusion

Software copyright registration is a crucial step for the protection of software in China. By following the eligibility criteria and procedures for registration, software owners can gain legal protection for their software and prevent infringement. It is important for software developers to familiarize themselves with the registration process and seek guidance from experienced professionals to ensure a smooth registration process.