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China Software Copyright Registration

Updated:2017-11-1 16:14:52    Source:www.tannet-group.comViews:149

China Software Copyright means creator or other oblige enjoys exclusive rights of the software under related copyright law. The applicant for registration of a software copyright shall be the copyright owner of the software and the natural person, legal person or other organization in whom the software copyright becomes vested through succession, assignment or inheritance.

What you can enjoy for Software Copyright?
The copyright owner enjoys right of publication, right of authorship, right of consent to use, as well as right of being paid.

Why register software in China?
China has a software copyright registration system, which is not mandatory in order to enjoy legal protection of rights, but is very useful in proving ownership if you ever need to enforce your IP. This is because in most cases enforcement occurs at least 1-2 years after a software programme is finished, and consequently it can be difficult for the plaintiff to collect evidence of authorship at that time.

Who can register copyright in China?
Any business or individual can apply to register copyright but applicants without a registered business in China will need to provide a copy of their business license (both in the original language and translated into Chinese) authorised by the Embassy of the P.R.C in their own country. In place of the business license an individual would be required to submit a copy of their passport and its Chinese translation. Copyright holders may apply directly for copyright registration or entrust an agent to apply on their behalf. Where an agent is used, the agent must additionally submit his or her identification documents and a Power of Attorney from the copyright holder. It is recommended that EU-based applicants consult a Chinese legal firm to ensure translations of their documents are accurate.

Where and how to register?
The Copyright Protection Centre of China is the official body responsible for software registration in China.
The following is required for software registration:
1) Bibliographical details of the owner, including name and address.
2) Copy of proof of identification of owner, for example business registration certificate of a company.
3) Details of the software programme including:
   a. Date of establishment.
   b. Operating environment, including details of hardware requirements and operating system.
   c. Programming language used.
  d. If the software is not developed by the owner: how the rights to the software are derived, for example by assignment or inheritance, and related documentary proof.
  e. Substance of the software, which can be submitted in either the form of ordinary deposition or exceptional deposition, as described below.
   f. Ordinary deposition.

Time Schedule for Registration
Applications for copyright registration are processed within 30 days after the CPCC accepts the application or if supplemental materials are required, within 30 days of receipt of the supplemental materials. However, registration may be delayed if registration fees are not paid within 10 days of receipt of the notice for payment.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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