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Hello everyone, welcome to Linda Liu & Partners on air! Today I am going to introduce software copyright registration in China.
Software copyright registration, as a certificate of software copyright ownership, is not mandatory but voluntary in China. However, software copyright registration can help prove copyright ownership in infringement actions and other disputes, administrative procedures, and commercial negotiations.
Therefore, I would like to give you a list of the necessary documents for filing software copyright registration as well as the methods of submission of source code.
1. First, the Application form
We will input the required information online into the registration system of the Copyright Protection Center of China ((also known as CPCC) and generate the application form for the applicant’s execution. Before inputting the information online, we will send the applicant a form to seek the necessary information.
2. Second, the Ownership document
If the software is self-developed, no document is required.
But if the software is developed under commission agreement or cooperation agreement, the original commissioned development agreement or the original cooperative development agreement is required.
If the software is assigned from a third party, the original assignment agreement is required.
If the agreement is in a foreign language, a complete Chinese translation is required. The CPCC is strict in reviewing the terms. For example, the agreement must include terms such as the software name, version number, and ownership of copyright. The software name, version number, and right holder in the agreement must be exactly the same as those in the registration application form.
In the case the software is not self-developed, our firm can provide the legal service of agreement review and translation.
3. Third, the Authentication materials for software, including source code and documents
(1) About Source code,
There are two methods for submitting source code, general submission, and exceptional submission.
For general submission, it is necessary to submit the first and the last 30 consecutive pages respectively, with 50 lines at least on each page; if the total pages are less than 60, all the pages should be submitted.
For exceptional submission, Article 12 of the "Measures for the Registration of Computer Software Copyright" stipulates the following methods as an example to deposit the authentication materials:
(1) The first and the last 30 consecutive pages respectively of the source program, the confidential part of which may be covered with a wide black slash, but the covered part shall not exceed 50% of the deposited source program;
(2) The first 10 consecutive pages of the source program, plus the consecutive 50 pages of any part of the source program;
(3) The first and the last 30 consecutive pages of the target program, plus 20 consecutive pages of any part of the source program.
Regarding the above (1), bear in mind that the applicant shall NOT cover the source code himself. The applicant may mark the confidential part and the CPCC will cover it.
As the code and document will not be disclosed to the public, general submission is sufficient to protect the trade secret. In practice, exceptional submission is not common.
It is advisable to file the software copyright registration as it could be prima facie proof of copyright ownership. To keep certain portions of the submitted codes undisclosed, you may redact the confidential portion of the codes submitted. In addition, after the software copyright registration is approved, only the right holder could query the codes and the CPCC will only publish the basic information of the software, such as the name of the software and the right holder, the publication date, etc. The codes are unavailable to the public.
(2) Regarding the Documents,
Operating manuals or instructions for use in Word format can be submitted.
The documents must include the software name and version number, software function introduction, software operation method, etc., and screenshots can be added at the same time.
If the documents are in a foreign language, a complete Chinese translation is required. The version numbers in the application form and authentication materials need to be consistent.
4. Forth, the Notarized and legalized certificate of good standing of the applicant
The certificate of good standing shall be notarized in the local notary office and then legalized at the Chinese embassy or consulate.
In addition, please note before filing the registration, it is necessary to perform real-name authentication at the online system of the CPCC first. The software copyright registration can be filed only after the real-name authentication is completed, which takes 3-5 working days. Three documents are necessary to complete the real-name authentication:
1. A scanned copy of the Notarized and legalized certificate of good standing of the applicant;
2. Power of Attorney
3. Scanned copy of the front and back of the system administrator's ID card. And if necessary, our attorney can function as the system administrator and provide his/her ID card for the purpose of registration.
That’s all about the list of the documents to be filed for software copyright registration. Hopefully it could be of some guidance when you consider making software copyright registration in China. Feel free to contact us if you have any questions in this regard. See you next time!
