State Copyright Administration, Registration of Computer Software Copyright Measures

Promulgated: February 20 2002
Effective: as of date of promulgation
Interpreting authority: State Copyright Administration
Applicability: The Measures apply to registration of computer software copyright, computer software licensing contracts and computer software transfer contracts (Article 3). The Measures are also applicable where the registration applicant is a foreigner or stateless person (Article 5).

Main contents: A piece of computer software can be registered if it is independently developed or if it is a piece of computer software that has been revised to improve its function or performance (Article 7). If the software is developed by several persons in cooperation, the copyright owners may elect one of them to apply on their behalf. If they cannot agree on a representative, any of the copyright owners may apply for registration provided that the other copyright owners are recorded on the application for registration (Article 8). Registration shall be made with the China Copyright Protection Centre (Article 6). Materials to be submitted with the registration application include the source code for the software (Article 10). The applicant may request to have the source code sealed and kept from access by anyone other than the applicant or the judicial authority (Article 13). If the application passes the examination, the China Copyright Protection Centre will issue a registration certificate to the applicant and announce the registration (Article 20).
Related legislation: Protection of Computer Software Regulations, Dec 20 2001, CLP 2002 No.1 p14