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China Software Copyright Registration Significance

Updated:2018-6-11 12:22:33    Source:www.tannet-group.comViews:379

China software copyright registration refers to register copyright in software program in China, which provides good protection in a variety of useful ways. Software copyright in China in Chinese Law means that creator or other oblige enjoys exclusive rights of the software under related copyright law. It is a civil right and has the common features of all the civil rights.

Copyright is an exception in intellectual property right because it is owned without individual confirmation. This is usually called as principle of “automatic protection”. The copyright owner enjoys right of publication, right of authorship, right of consent to use, as well as right of being paid.

Significance of Registration
1. Served as a significant basis of tax reduction and exemption. According to the relative regulations of Ministry of Finance and State Administration of Taxation, “business tax rather than value-added tax will be collected on the computer software that has been registered by national copyright bureau when it is sold and copyright and ownership is transferred.”

2. Served as a basis to provide protection of law. According to related decree of the Council, “copyright administrative department should standardize and strengthen system on software copyright registration, encourage software copyright registration, and provide special protection in law to the registered software”. For instance, when copyright piracy happened, certificate of software copyright registration be used as proof without examination; in addition, it serves as a basis in law for national copyright administrative department to against piracy.

3. Served as investment by technology. According to related regulation, “computer software can be used as investment by high and new technology, and the assessed price beyond 20% defined by Corporations Law and come to 35%”. Some local government even noticed: “100% software technology can be used as investment”, but must to register the software copyright first.

4. Served as a basis to apply for technological achievement. According to related regulation of Ministry of science and technology: “to register technological achievement, one must submit registration form of technological achievement, as well as: 1. achievement of applying technology: related evaluation certificate (accreditation, acceptance report, entry qualification certificate, and new production certificate) as well as report of development; or 2. certificate of intellectual property right (copyright certificate; registration certificate of software) as well as user’s certificate”. Registration certificate of software refers to certificate of copyright registration and software registration, similar regulations be found in other Ministry.

5. Served as tangible income if corporation goes into bankruptcy Copyright is considered as “invisible asset”, and the invisible asset will not disappear when corporation goes into bankruptcy, the vitality and value of invisible asset is still in existence, and tangible fund be obtain in the process of transference or auction. According to regulation of computer software copyright registration: the time for registration of a software copyright refers to the 30 working days after the receipt date.

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