GUIDELINES FOR PRC COMPUTER SOFTWARE COPYRIGHT REGISTRATION

Procedures:

Requirements

1. Software copyright registration application form

i. Clarify the contents of the entrusted matters, the scope of entrustment, and the period of entrustment;

ii. Application form shall be generated from the registrar’s system. Once printed out, no change to the application form is allowed. The application form should be original;

2. Authentication materials of the software (program and files);

i. General Lodgement:

Authentication materials for a program and files shall be made up of thirty continuous pages from the beginning to end, respectively, of the source program and any file. Where the whole program and files are less than sixty pages, the whole source program and files shall be submitted. Except for special situations, each page of a program shall have no less than fifty lines and files shall have no less than thirty lines per page;

ii. Exceptional Lodgement:

Any one of the following methods:

a) wide black oblique lines may be used to cover confidential portions of the thirty consecutive pages supplied from the beginning to end, respectively, of a source program, but the covered portion must not exceed fifty per cent of the source program supplied; 

b) ten consecutive pages from the beginning of a source program, plus fifty consecutive pages from any other part of the source program may be supplied;

c) thirty consecutive pages may be supplied from the beginning to end, respectively, of the target program, plus twenty consecutive pages from any part of the source program.

Files submitted as an exceptional lodgement shall be handled in accordance with the provisions of the above paragraph.

Notes: If the applicant signs the name and version number of the requested software on the source program and the document header, it should be exactly the same as the corresponding content in the application form. The page number should be marked in the upper right corner. The source program should be no less than 50 lines per page. The last page should be the end page of the program. The document should be no less than 30 lines per page, except for the picture.

3. Applicant’s Identification

i. A foreign natural person

a) a copy of the passport; 

b) a Chinese translation of the passport copy bearing the translator’s signature;

ii. Hong Kong Company

a) the original certificate of the business registration certificate notarized by a Hong Kong lawyer entrusted by the Ministry of Justice of the People's Republic of China;

b) a Chinese translation of the passport copy bearing the translator’s signature;

iii. Taiwanese Company

a) the original of legal person identification document certified by the Taiwan court or notary office; 

b) "Taiwan Legal Person Certificate";

iv. Foreign company or other organization

a) the original of legal certification document notarized by the local notary public and further attested by the Chinese consulate; The certificate shall contain at least: 1) name; 2) registration date; 3) registration place; 4) docket number; and 5) validation period.

b) a Chinese translation of the passport copy bearing the translator’s signature.

4. Relevant supporting documents.

Proof of ownership:

If commissioned for development, it shall submit a commissioned development contract;

• If it is co-developed, a cooperative development contract should be submitted;

• If the task is to be developed, it shall be submitted to the higher level department for the assignment of the task book;

Where the modification of other people's software should authorize the license, an authorization letter shall be submitted;

Where the transfer of software copyright is obtained, the software copyright transfer agreement shall be submitted;

After the legal person or other organization that has the copyright changes or terminates, the legal person or other organization that bears its rights and obligations enjoys the copyright. When registering, it is necessary to submit relevant certification documents such as the company's change (merger or division), the termination of the shareholders' meeting or the board resolution, the business combination agreement, the liquidation report, and the company's cancellation certificate;

The documents that need to be provided by the successor include: the death certificate of the heir, the valid will of the heir, the proof of the relationship with the heir, the identity of the successor, and the legal documents of the court.

If the copyright of the registered software has been accepted, the right to follow the copyright registration of the recipient is required to do the registration of the copyright registration. The result of the inquiry is one of the documents for the registration application and the original registration certificate is returned.

5 Notes:

1) The above identification documents and other supporting documents related to registration (for example, certificates such as contracts or agreements) are in foreign languages and must be submitted together with the translation of the qualified translation unit and the original Chinese translation of the official seal.

2) The application documents should use A4 paper, printed vertically and on one side, and the text should be arranged from left to right. Documents and source programs need to be printed in black and white. Each part of the application document shall be marked with a page number in the upper right corner in numerical order. The version number that appears in all registration materials should be exactly the same as in the application form.

3) The software version number in the registration certificate shall be as reported in the application form. The software version number of the header of the identification material submitted by the applicant shall be consistent with the application form, but the presence or absence of V shall be subject to the application form.