People's Republic of China regulations on protection of computer softwareArticle for the protection of the interests of copyright owners of computer software, adjust the computer software in the development, dissemination and use of interest, encouraging the development and distribution of computer software, promote the development of computer application, in accordance with the People's Republic of China stipulated in the copyright law, this Ordinance is enacted.
article mentioned in these regulations computer software (the software, the same below) refers to computer programs and related documentation.
article of this regulation the following terms shall have the meanings is:
(A) a computer program: refer in order to obtain a result which can be executed by such devices having information processing capacity as computer code sequence of instructions, or can be automatically converted into a sequence of coded instructions of symbolic instruction sequences or sequence of symbolic statement.
Computer programs include source program and the object program. The source text and the target text shall be considered as the same program works the same. &Nbsp;
(ii) document: refers to text written in a natural language or formal language information and maps, used to describe
the program's content, composition, design, functional specification, development, testing, results and methods of use, such as program
design specifications, flow charts, user manuals, etc. &Nbsp;
(c) software developer: refers to the actual organization, development, providing working conditions to complete the software
, And legal person or entity liable to the software (referred to as units, the same below); by virtue of his own
conditions of complete software development, software and responsible citizens.
(d) software copyright owners: refers to the provisions of this regulation, shall enjoy the copyright of the software units and citizens.
(e) reproduction: refers to the Act reproduced in tangible objects on the software.
fourth of software protection referred to in this regulation, refers to software copyright holders or their transferees are entitled to the
software copyright provisions in the Bill of rights.
fifth protection under these regulations must be developed by independent developers of software, and has been fixed in a tangible
sixth Chinese citizens and units on the development of software, whether published, regardless of where published
, shall enjoy copyright in accordance with this Ordinance. &Nbsp;
foreigner's software first published in China, Shall enjoy copyright in accordance with this regulation. &Nbsp;
software released foreigners outside China, in accordance with their respective State and China signed agreements or joint participation in
international treaties on copyright, subject to the regulations.
seventh the Ordinance on the protection does not extend to the development of the software used software ideas, concepts, discoveries,
principles, algorithms, processes and operating methods.
eighth the software registration administration organization authorized by the State Council in charge of the national software registration.
Chapter Computer software copyright
Nineth enjoys the following rights of the copyright owner of the software: &Nbsp;
(a) the right of publication, that is, the right to decide whether the software available to the public; &Nbsp;
(b) the developer's right of authorship, That shows on its software developer the right to an identity and branding rights
(c) right of use, is without prejudice to the premise of public interest, to copy, display, distribute,
change, translation, annotation, such as the right to use the software;
&Nbsp; (d) a license to use and the right to remuneration, namely authorizing others to this section (c) of the provision of part
or all of the rights to use the software and thus obtained the right to pay; &Nbsp;
(v) the right of transfer, namely to transfer from this article (c) and (d) the provision of the right and
license to use rights.
article tenth software the copyright belongs to the software developer, this regulations have specific stipulations those should govern.
11th consists of two or more units, civil cooperation in the development of the software, unless otherwise agreed, the software
Copyright by collaborating developers to enjoy. &Nbsp;
cooperation for the development of software copyright is exercised in accordance with the prior written agreement. If there is no written agreement and
cooperate in the development of software can be separated using, developers for their part can be copyrighted separately,
but the exercise of such copyright shall not extend to cooperation in the development of software copyright as a whole. Jointly developed software cannot be
cut, exercised by the co-developers of consensus. If no consensus, without a legitimate reason, either
party shall not prevent parties from exercising other rights except the right to transfer, but reasonable profit should be assigned to all
12th entrusted development of software, which the ownership of copyright in commissioned by and entrusted with the signed
written agreement, if there is no written agreement or not specifically agreed in the agreement, the copyright belongs to the requester.
13th by superiors or Government Department a mandate to develop software, the ownership of copyright by
assignment or contract, such as a project task book or not expressly stipulated in the contract, software copyrights belong to
accept the task unit. &Nbsp;
relevant competent departments of the State Council and people's Governments of provinces, autonomous regions and municipalities, on this system or within the jurisdiction of
the entity owned by the development of national and public interests have significant software has the right to
allow you to specify the units used, paid for by the use of units in accordance with the relevant provisions of the State fee.
14th citizens served in the unit during the development of software, implementation of the results of the work, that is
explicitly specified in the job development targets the development of, or engaged in work activities foreseen by the
results or the result of natural, then the copyright belongs to the software of the unit.
&Nbsp; software developed by citizens is not the result of work executed and developers engaged in work in the unit
content not directly related to, and unused material and technological conditions, the software's copyright belongs to open
15th software copyright protection is for a period of 25 years, expiring after the software was first published 25th
of December 31 of the year. Before the expiry of the protection, software copyright owner may apply to the software registration administration organization continue
show for 25 years, but the maximum protection period of not more than 50 years. &Nbsp;
Developer Developer's right of authorship of the term of protection is not restricted.
16th within the term of protection of copyright in software, software copyright successors under the people's Republic of
Republic of relevant provisions of the inheritance law, inherited this Nineth to subsection (c) and (d) provide the right
inherits activity does not change the term of protection of the rights of the software.
17th in software copyright protection period after changing a software copyright, by the
legal successor of enjoyment of the rights of the software. &Nbsp;
change a software copyright, does not change the term of protection of the rights of the software.
18th within the period of protection of software copyright, the copyright of the software or the transferee has the right to license
others to exercise the section Nineth (c) provision of tenure. The copyright owner or his or her transferees to authorize others to
exercise of the right, you can collect fees according to the agreement. &Nbsp;
software license shall, according to China's related laws and regulations on the rights to sign the written contract, implement the method
. Licensee shall be stipulated in the contract, conditions, scope, and period of exercise of the right. &Nbsp;
term of validity of a license contract shall not exceed ten years. May renew the contract expires. &Nbsp;
is not explicitly stated in the contract as the exclusive license, the licensed software shall be deemed non-exclusive. &Nbsp;
the above licensing activities does not alter ownership of software copyright.
19th in software copyright protection period, this section Nineth part (c) and (d)
provision of the enjoyment of the right and license to use, can be transferred to others right and license to use.
software for transfer of rights shall, according to China's related laws and regulations to sign the written contract, implement the method. &Nbsp;
transfer does not alter the protection period of the software copyright.
20th after the expiration of copyright protection software, apart from the developer's right of authorship, the software and other
rights shall be terminated.
&Nbsp; who meet one of the following items, in addition to Developer's right of authorship, the expiry of the protection of the rights of the software
into the public domain before: &Nbsp;
(a) the organization holding the software copyright termination without legal successor; &Nbsp;
(b) citizen holding the software copyright dies and there is no legal successor.
21st units, citizens of legitimate copies of software, without consent of the copyright owner of the software
case, shall enjoy the following rights: &Nbsp;
(a) according to the need to put the software into the computer using; &Nbsp;
(b) make a backup copy for archiving. However, these backup copies shall not in any manner provided
for others to use. Once the holder loses legal ownership of the software, these backup copies must be
(C) in order to make the software in the real computer environment or to improve its performance and will
be modified. Unless otherwise agreed, without the agreement of the software copyright owner or his legal transferee's consent shall not be
provided to any third party the modified text.
22nd for teaching, scientific research, State duties and other non-commercial purposes need
to be on a small number of copies of the software, without software copyright owner or his legal transferee agree not to
pay. But using name, shall be given for the software developer, and not the copyright owner, or
his legal transferee other rights under these regulations. The copy after use should be properly guaranteed
tube, return or destruction, shall not be used for any other purpose or provided to others.
Chapter administration of registration of computer software
23rd software released after the publication of this Ordinance, may register with the software registration administration organization
applications after registration allowed to by the software registration administration organization issue registration certificates, and announced to the public.
24th with the software registration administration organization for software copyright registration, under this Ordinance
rights administrative processing or litigation premises. &Nbsp;
registration certificate issued by the software registration administration organization, software copyright is valid or registration application documents
proved the facts stated.
25th software copyright should be submitted when applying for registration: &Nbsp;
(a) software copyright registration forms filled out by the regulation; &Nbsp;
(ii) meet the required software identifying material. &Nbsp;
software copyright owner should also be required to pay registration fees. &Nbsp;
software registration of specific management approaches and standards published by the software registration administration organization.
26th software copyright registration with one of the following conditions, which can be revoked:
(a) according to the final court decision; &Nbsp;
(ii) has confirmed that the main information provided in the application for registration is not true.
27th who have registered the software, software right when there is a transfer, the transferee shall
within three months after the signing of the contract of assignment to the software registration administration organization for the record, otherwise not against third parties
the infringing activity.
28th Chinese software copyright in China the rights of internally developed software to foreign
License or transfer, shall be submitted to the approval of the competent departments of the State Council and with the software registration administration organization for the record
29th staff engaged in the software registration, as well as personnel who have worked on this position,
within the period of protection of software copyright, except to perform the registration for purposes other than those in managerial positions, shall not use or
disclose to others when applying for registration submitted by archive materials and relevant information.
&Nbsp; the fourth chapter liability
30th subject to this section 21st and the 22nd article in the case of, any of the following violations
, shall, where appropriate, take on ceasing the infringing act, eliminating the effects, a public apology and damages the civil responsibility
, And software by the State copyright administration department granting the confiscation of illicit proceeds, fines, administrative penalties, such as:
(a) without the consent of the copyright owner of the software the software; &Nbsp;
(ii) developed software as your own work published by others; &Nbsp;
(c) without the consent of partners, Software that will work with others to develop as its own separate finished work
(Iv) software developed in others sign or alter others ' signatures on software developed by;
(v) without the software copyright owner or his legal transferee agrees to modify, translate, comment its software
(f) software without the consent of the copyright owner or his legal transferee replication or partial replication software
(VII) without the software copyright owner or his legal transferee agrees to release to the public, to demonstrate its software
(VIII) without the software copyright owner or his legal transferee's consent to any third party without the software
license or transfer.
31st result of one of the following conditions the development of software and software similar to that already exists, and
does not constitute a violation of copyrights software already exists:
(A) because of the need to implement relevant policies, laws, rules and regulations of the State;
(B) because of the need to implement national standards; &Nbsp;
(c) because of the types of forms available are limited.
32nd holders of the software does not know or has no reasonable grounds to know that the software is infringing
its tort liability borne by the provider of infringing software. But if the infringement of the software does not destroy enough to protect
software copyright rights, held by the holder an obligation to destroy the infringing software, for losses suffered
in the provider of infringing software recovery.
Infringement referred to in the preceding paragraph includes knowingly infringing software and software providers to provide the infringing software.
33rd party does not fulfil its contractual obligations or performance of a contract not in conformity with the agreed conditions,
when the bear civil liability in accordance with the relevant provisions of the General principles of civil law.
&Nbsp; article 34th software copyright infringement dispute mediation, mediation or conciliation agreement after a
recall, you can bring a lawsuit. If mediation, may also directly bring a lawsuit.
article 35th software copyright contract dispute to mediation or arbitration in contract terms or
written arbitration agreement reached afterwards, to the State software copyright arbitration organization for arbitration. &Nbsp;
to arbitration award, the Parties shall perform. Where a party fails to observe the arbitration award, the other party may
request the people's Court executed.
's Court found that the arbitration award in violation of, the right to refuse to enforce. Court shall not perform
, parties may contract disputes to a people's Court. &Nbsp;
If no arbitration clause in the contract, and the absence of a written arbitration agreement, directly to
a people's Court.
36th party software the Copyright Administration Department of the State Administration refuses to accept the penalty,
within three months from the date of receipt of the notification of a lawsuit. Expiration does not fulfill nor prosecuted, and soft
copyright administrative authorities may request the people's Court for compulsory execution.
37th software registration administration organization in violation of article 29th of this Ordinance, soft
registration authority or the competent Department penalties if the case is serious enough to constitute a crime, the judicial
organs shall investigate the criminal liability.
article 38th violations that occurred prior to the implementation of this Ordinance in accordance with violations of the relevant provisions
39th section of the Ordinance shall be formulated by the competent registration of software management and software copyright administrative department
is responsible for the interpretation.
40th the regulations come into force on October 1, 1991.