Copyright registration of computer software in China

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(Author: Dr. Jian Xu, the China IP Blogger)

A)Documents should be filed include:

(1) the power of attorney;

(2) the application form;

(3) the guarantee of the copyright in the subject software;

(4) relevant certificate of the applicant (should be notarized and authenticated):

If the applicant is (a) natural person(s)–the copy of the ID card or passport;

If the applicant is (a) legal person(s)–the copy of business license.(see Item C)

(5) the copy of the source program of the subject software.

The copies should constitute 30 continual pages of the front and 30 continual pages of the back, and each page should comprise no less than 50 lines. The 60th page should be where a module ends. The whole program should be all filed if it is less than 60 pages. Page numbers should be marked on the top right corner and suit margin should be left for binding up (need not to bind).

(6) the copy of the illuminating documents about the design, the operation or the use of software; and the relevant requirement is the same as item (5).

B)Some other documents should be also filed in certain cases:

(1) If the software is jointly created—the relevant contract or agreement;

(2) If the software is created under the commission of other person—the relevant contract or agreement;

(3) A guarantee that the subject software is not a “work made for hire”.

C)About the certificate of the applicant:

For corporations of foreign nationality —the business license authenticated by the embassy of China.