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National software copyright registration regulations and application procedures

Date:2020-02-24   Views:5735



 Application instructions 
   1. Applicants can register computer software copyright by themselves or entrust an agency to register.
   2. The applicant should keep a copy of the submitted application documents to facilitate the consistency of the document contents during the supplementation and correction procedures.
   3. To handle software copyright transfer or proprietary contract registration, you can go to the registration hall on-site, or you can use registered mail or express mail to the Software Registration Department of China Copyright Protection Center.
     Mailing address: Room 302, 3rd Floor, Tower A, Tianqiao Art Building, No. 1 Tianqiao South Street, Xicheng District, Beijing (Postal Code: 100050)
     On-site processing address: Tower A, Tianqiao Art Building Copyright Registration Hall
     Consultation hotline: 010—68003934, 64097080
   4. The application form should be printed online, and please do not change the format of the form without authorization; all application documents should be signed and stamped in accordance with regulations, and the signature should be exactly the same as the name filled in the application form.
   5. For the detailed address in the information column of the applicant or agent, please be sure to fill in the accurate actual contact address so that our center can mail the certificate or other written mail.
   6. If the copyright owner is an enterprise legal person or a public institution legal person, a copy of a valid enterprise legal person business license or public institution legal person certificate must be affixed with the official seal of the company; 
   7. If the copyright owner is a natural person, a copy of a valid ID card of the natural person (front and back copies) should be submitted.
   8. If the copyright owner is a foreign natural person, a copy of the passport and a Chinese translation of the passport copy should be submitted, and the signature of the translator is required.
   If the copyright owner is a foreign legal person or other organization, a legal certification document proving that the applicant is registered in accordance with the law and has legal person status should be submitted. This certification document must be authenticated by the Chinese consulate in the local area or notarized by a local notary agency to be valid. Original notarized or certified supporting documents must be submitted when applying. At present, the content and format of the legal person identity documents submitted by foreign legal persons will vary depending on the country or region in which they are located, but the basic information items in the document should at least include 1. Name of the legal person; 2. Date of registration, 3. Place of registration, 4. Registration certificate number, 5. Validity period of the certification document and other basic information.
   If the copyright owner is a Hong Kong legal person, a copy of the original registration certificate and valid business registration certificate must be notarized by a Hong Kong lawyer entrusted by the Ministry of Justice of China.
   If the above identification documents and other supporting documents related to registration (such as contracts or agreements, etc.) are in foreign languages, the original Chinese translation must be submitted together with the original Chinese translation translated by a unit with translation qualifications and stamped with the official seal of the translation unit.
   9. If software registration applicants or agents from other places need to pick up the certificate themselves, they should add parentheses after the contact person in the applicant or agent information column in the application form and indicate the contact person’s Beijing contact address. Our center will not mail it.
   10. In order to improve work efficiency and shorten the work cycle, various notifications (such as supplementary notices, payment notices, etc.) during the registration process of our center will be mainly notified to applicants by email. Applicants should provide a true and accurate email address when filling out the application form.
   Time limit for supplements and corrections: According to the computer software registration regulations, the applicant must submit supplementary and corrected materials within 30 working days from the date of issuance of the notice of supplements and corrections. Failure to make supplements and corrections within the time limit will be deemed to have withdrawn the application.
   11. When applying for software registration, necessary application documents must be submitted in writing and fees must be paid as required. If the software registration application fee and query fee are remitted through bank, please be sure to remit the fees to the following dedicated account:
   Account name: China Copyright Protection Center (Special Central Financial Remittance Account)
    Bank of deposit: CITIC Bank Beijing Tianqiao Branch
   Bank account: 7118110189800000157   
    Note 1: The payer of the fee should be the applicant or agent. If the registration application is delayed due to inconsistency between the name of the payer and the applicant or agent, the applicant shall be solely responsible.
   Note 2: Payment deadline: According to the computer software registration regulations, the applicant should pay the fee within 15 working days after the payment notice is issued. Failure to pay the fee within the time limit will be deemed to have withdrawn the application.  

   Special reminder: After receiving the payment notice, the applicant should remit money according to the amount and account number in the notice, and indicate the payment notice serial number in the postscript column of the remittance voucher. When paying multiple application fees, the fees should be remitted one by one according to the payment notice. If remittance is made in advance without receiving the payment notice, the payment notice serial number is not indicated in the remittance, multiple payments are combined and remitted, or the same payment notice is remitted repeatedly, our center will not treat it as a registered payment.10 working days after the remittance, the application progress can be checked online on the official website of our center. If you have any questions, please call: 010-84195634 Fax number: 010-68003395.

   Applicants who belong to small and micro enterprises, please go to our center website"Computer software copyright registration"Column inquiries are exempt from software copyright registration fees. If you need to apply for exemption procedures, please do not send money.

   12. If the software copyright owner obtained it through transfer, there are two ways to apply for software copyright registration: Category A - Obtaining a "Computer Software Copyright Registration Certificate". That is, the "Computer Software Copyright Registration Application Form" filled out by the transferee as the applicant. Category B - Obtain "Computer Software Copyright Contract Registration Certificate". That is, the "Computer Software Copyright Transfer Contract and Exclusive License Contract Registration Application Form" filled out by the transferor or transferee as the applicant.
   13. When the copyright of registered software is transferred, accepted, pledged or changed, the rights successor shall handle the copyright registration, the contract parties shall handle the transfer and exclusive license contract registration, the parties to the pledge contract shall handle the software copyright pledge contract registration, the software registrant shall handle changes or supplements, and the software registrant or interested party shall apply for software copyright registration overview inquiry application, and the inquiry result shall be one of the documents for the above registration application. The query results are valid for two months. If the validity period expires, the applicant must re-process the query. The inquiry application form must be filled out online.
    14. Tips for applying for exemption from software copyright registration fees for small and micro enterprises: 
    If the applicant is a small and micro enterprise, please go to the "Computer Software Copyright Registration" column of our center's website to learn about the relevant procedures for exempting software copyright registration fees. If you apply for tax exemption, please do not remit money.
    If you apply for software copyright registration by mail, you need to mail a copy of the "Small and Micro Enterprise Registration Notice" and the "Application Checklist for Software Copyright Registration Fee Exemption" together with the application materials to our center.
    If you apply for software copyright registration on-site, you must submit the software copyright registration application documents and bring a copy of the "Small and Micro Enterprise Registration Notice" to the special window set up by our center to handle the registration fee exemption procedure.
   15. If the software developed by a natural person during his tenure in the unit does not fall into one of the following circumstances, the natural person may apply for software registration as the copyright owner:
    (1) Software developed for the development goals clearly specified in the job;
     (2) The software developed is a foreseeable or natural result of engaging in work activities;
    (3) Software developed mainly using the unit’s funds, special equipment, undisclosed specialized information and other material and technical conditions and for which the unit is responsible.

 

 


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