Copyright Registration
What is copyright protection?
Copyright protection refers to the exclusive rights to lawfully created artistic, liberal arts, or scientific products. Copyright protection and trademark protection are the same; the rights protected by copyright registration are exclusive, with respect to duration and geography. The rights of copyright holders are like those of trademark holders; both have the ability to transfer or sell their exclusive rights to a third party. The rights holders are also entitled to remuneration in the event that their protected rights are infringed upon.
How does one register for copyright protection for products including computer software?
According to China 's Copyright Regulations, once the products are completed, they are automatically protected by copyright law. There is no need to register; however, it is to one's benefit to register because the documentation provided by the registration organization is the most essential proof of ownership. Copyright holders can then use the proof of ownership to promote his or her work. If there is a dispute over ownership, proof of ownership provided by copyright registration can act as decisive-making evidence.
Registration of Computer Software
China 's Computer Software Registration Office is a branch of the National Copyright Administration of the People's Republic of China .
China 's Copyright Registration and Computer Software Registration Center published and put into effect the application process for copyright and computer software registration on April 6, 1992 (hereinafter referred to as the registration process). According to the registration process, when applying for registration of computer software protection, one must comply with the following:
Eligibility for registration: In order to be eligible for registration, the registrant must be the creator of the software program, the legal heir to the creator of the program, or the legal owner of the program.
When applying to register computer software, one is required to present the following documents:
Registration form
The software manual
The documentation of the software's originality and uniqueness, including programming documentation and file documentation.
The applicant's certification.
In the case of a jointly created of the software or software created at the behest of another party, the applicants must provide documentation of a written agreement stipulating which party(ies) will hold the rights to the software.
In the case of registration applied for by the legal heir of the software program or the legal owner of the program (but not creator), the applicant must submit proof of the legality of his, her, or its ownership.
When applying for registration of computer software, the applicant may request that a Chinese certified organization apply on the applicant's behalf.
Our law office has many years of broad experience in applying for copyright registration on behalf of companies both from within China and overseas. We welcome the opportunity to work on your behalf.
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