Computer software protection regulations

Computer software protection regulations

(the state council of the People's Republic of China on December 20, 2001 to no. 339 Based on January 8, 2011 the state council to repeal and modified part of the decision of the administrative rules and regulations "revision for the first time Based on January 30, 2013 the state council on the decision of the modified < > computer software protection regulations "the second amendment)

The first chapter the general

Article 1 in order to protect the rights and interests of computer software copyright owners, adjustment in computer software development, dissemination and use of interests, encourage the development and application of computer software, and promote the development of software industry and national economic informatization, according to the law of the People's Republic of China copyright law, these regulations are formulated.

Article 2 the term "referred to in these regulations computer software (hereinafter referred to as" software "), refers to computer programs and related documentation.

Article 3 these regulations for the purposes of:

(a) a computer program, it is to point to in order to get a certain result and which can be executed by such devices having information processing capacity as computer sequence of code-based instructions that can be automatically converted into coded instructional sequences-or those symbol IC instructional sequences or numeric language sequences. The same source program and object program of a computer program for the same work.

Document (2) and is used to describe the program content, composition, design, function specifications, development, testing results and using method of text data and charts, etc., such as the program design specifications, flow charts, user manuals, etc.

(3) the software developers, is refers to the actual organization development, of development directly, and responsible for the development of a complete software legal persons or other organizations; Or on their own with software development independently, and the conditions of natural person and take responsibility for that software.

(4) the software copyright owner, it is to point to in accordance with the provisions of these regulations, the natural person, legal person or other organization which is copyrighted by the software.

Article 4 the software protected by this regulation must be independently developed by the developer and must already be in material form.

Article 5 Chinese citizens, legal persons or other organizations for the development of software, whether or not, according to the regulations, enjoys the copyright.

Foreigners, stateless persons software first issue within the territory of China, according to the regulations, enjoys the copyright.

Software of foreigners or stateless persons, according to its developer belongs to countries or habitual residence agreement signed with China or in accordance with the international treaties to which China is a member of the copyright, protected by this regulation.

Article 6 of these regulations on the protection of software copyright may not be extended to develop software used in the ideas, process, operation methods or mathematical concepts, etc.

Article 7 software copyright owners may to the software registration agencies acknowledged by the copyright administrative department under the state council shall handle the registration. The certificate of registration issued by the software registration organs shall be the preliminary certification of the registered items.

Shall pay fees for software registration. Software registration fee standards by the copyright administrative department under the state council jointly with the department in charge of price under the state council regulations.
The second chapter the software copyright

Article 8 the software copyright owner shall enjoy the following rights:

(a) of publication, the rights to decide whether the software to the public;

(2) the right of authorship, namely that developers identity, in the software shall be the rights;

(3) modification of software supplement, abridged, or change the rights of the instruction, the order of sentence;

(4) copy right, the software to make one or more copies of rights;

(5) distribution, that is, software available to the public by means of sale or gift of original or copy rights;

(6) rental rights, namely the paid licensing the rights of the temporary use of the software, but unless the software is not the essential object of the rental;

(7) information network transmission right, that is, provide software to the public by wire or wireless means, can make the public in their personal rights of the selected time and place for software;

(eight) translation rights, is the original software from a natural language into another kind of natural language rights;

(9) the software copyright owner shall enjoy the other rights.

Software copyright owners may license other persons to exercise their software copyright, and shall have the right to get paid.

Software copyright owners may transfer all or part of the software copyright, and shall have the right to get paid.

Article 9 software copyright shall belong to the software developers, except as otherwise provided by these regulations.
Such as the proof to the contrary, in the software shall be the natural persons, legal persons or other organizations for developers.

Article 10 by two or more natural persons, legal persons or other organizations of the cooperative development of software, the ownership of the copyright cooperation by developers to sign a written contract. No written contract or not expressly agreed upon, the jointly developed software can be used in separate parts, the developer may independently enjoy copyright in the part in their development, However, exercise their copyright, shall not extend to the cooperative development of the entire copyright in the software. If the jointly developed software cannot be used in separate parts, its copyright by the developers share cooperation, exercised through consensus; Cannot agree, and without justifiable reasons, any party shall not prevent other to exercise other rights other than the right to transfer, but proceeds shall reasonably allocated to all developers.

Article 11 accept commissioned development software, its copyright belongs to sign a written contract by the trustor and the trustee; Without a written contract or did not make clear contract, the copyright enjoyed by the trustee.

Article 12 the software developed by national office tasks, the copyright belongs to exercise by the project specification or contract; Project specification or not explicitly stipulated in the contract, the software copyright enjoyed by accept the task of legal persons or other organizations.

Article 13 of the natural person in the legal persons or other organizations in the software developed by any of the following circumstances, the software copyright enjoyed by the legal person or other organization, the legal persons or other organizations to develop software to give rewards to the natural person:
(a) explicitly specified in the work of the labor of duty the development goal of the development of the software;

(2) the development of software is the result of the work activities foresaw or natural result;

(3) the main use of the legal person or other organization fund, special equipment and specialized information undisclosed material and technical conditions are developing responsibility by the legal person or other organization of the software.

Article 14 the copyright from the date of software development.

The protection of software copyright, the natural person is limited to natural life and its 50 years after the death, after ending on natural 50th year December 31; Software is developed in partnership, as in the last 50 years after the death of a natural person on December 31.

Protection of software copyright, legal person or other organization is limited to 50 years, ending on 50 years after the first publication of the software of December 31, but since the developed software published within 50 years from the date of this act is no longer protected.

Article 15 the software copyright belongs to a natural person, after the natural person, in the period of software copyright protection, the software copyright successor can according to the relevant provisions of the succession law of the People's Republic of China, the inheritance of article 8 of these regulations, except the right of authorship of other rights.

The software copyright belongs to the legal person or other organization, the legal person or other organization change, termination, the copyright in the protection period of these regulations by the obligations of the legal person or other organization which succeeds its rights to enjoy; No its rights and obligations under the legal person or other organization, enjoyed by the state.
Article 16 legal copy software all people enjoy the following rights:

(a) according to the need of the use of the software into such devices having information processing capacity as computer;

(2) in order to prevent damage of replica, make a backup copy. The backup copies may not be provided to other persons by any means, and all people lose the ownership of the legal copy, responsible for the backup copies destroyed;

(3) in order to use the software for the real computer environment or improving its function, performance, and make the necessary changes; But, unless otherwise agreed in the contract, without the software license of the copyright owner may not provide to any third party the revised software.

Article 17 in order to study and research design idea and principle of embedded software, through installation, display, transmission or storage software and other ways to use the software, can not with the permission of the software copyright owner, don't pay the remuneration thereto.

The third chapter of software copyright licensing and transfer

Article 18, licenses another person to exercise the software copyright licencing contracts shall be concluded.

Licensing the rights of the software copyright owner has notexplicitly licensed in the contract, licensee shall not exercise.

Article 19 the license other persons to exclusively exercise the software copyright, the parties shall conclude a contract in writing.

Not to enter into a written contract or not expressly agreed upon in the contract for exclusive license, licensee exercise of the rights shall be deemed to be the exclusive right.

Article 20 the transfer of software copyright, the parties shall conclude a contract in writing.
Article 21 the license other persons to exclusively exercise the software copyright licensing contract, or transfer the software copyright contract, to the software registration agencies acknowledged by the copyright administrative department under the state council to register.

Article 22 Chinese citizens, legal persons or other organizations to foreigners or the license of the software copyright and shall abide by the law of the People's Republic of China regulations on the administration of technology import and export of relevant regulations.

The fourth chapter legal responsibility

Article 23 in addition to the copyright law of the People's Republic of China or otherwise prescribed by these regulations, any of the following violations, shall, according to situation, to stop the infringement, eliminate the influence, to apologize and compensate for the losses civil liability:

(a) without the consent of the software copyright owner, or the registration of its software;

(2) the software will be others as their own software published or registration;

(3), without the consent of the partners to cooperate with others to develop software completed software published as a separate or registration;

(4) on others or change others software software shall be the sign;

(5) without the consent of the software copyright owner, modify, translate their software;

Vi) other ACTS of infringing the software copyright.
Article 24 in addition to the copyright law of the People's Republic of China, the regulations or other laws and administrative regulations, without the permission of the software copyright owner has the following the infringing act, shall, according to situation, to stop the infringement, eliminate the influence, to apologize and compensate for the losses civil liability; Harm social public interests, at the same time by the copyright administrative department shall be ordered to stop the infringing act, confiscate the illegal income, confiscated and destroyed the infringing reproductions, and may concurrently be imposed; And if the circumstances are serious, the copyright administrative department may confiscate it is mainly used for making infringing copies of materials, tools, equipment, etc.; Is violated, in accordance with the criminal law on the crime of infringement of copyright, selling infringing copies of regulations, shall be investigated for criminal responsibility according to law:

(a), copy or part of the copyright owner of software;

(2) issued to the public, lease, through the software of the copyright owner of the information network transmission;

(3) deliberately avoiding or damage shall be protected by the human the software copyright and technical measures;

(4) intentionally delete or change the rights management of electronic information;

(5) the transfer or license another person to exercise the software copyright of the copyright owner of the.

With the first or the second act in the preceding paragraph may concurrently be 100 yuan per piece or the value of one times more than five times the fine; With the third, fourth or fifth behavior mentioned in the preceding paragraph, a fine may concurrently be fined 200000 yuan.

Article 25 the amount of compensation for infringing the software copyright, in accordance with the "copyright law of the People's Republic of China" the provisions of article 49.

Article 26 the software copyright owner there is evidence that others are implementing or imminent infringement of their rights behavior, such as not to stop in time, will make its legitimate rights and interests is irreparable damage, can be in accordance with the "copyright law of the People's Republic of China" the provisions of article 50, before the filing of a lawsuit to a people's court shall be ordered to stop the relevant act and property preservation measures.
Article 27 in order to stop the infringing act, the evidence may be lost or difficult to obtain after the case, the software copyright owners may, in accordance with the law of the People's Republic of China copyright law the provisions of article 51 before a lawsuit to a people's court for evidence preservation.

Article 28 replica software publishers, producers can't prove that have authorized their publication or production, or software copies of issuers, rent cannot prove the legal sources replica of its distribution, rental, shall bear legal responsibility.

Article 29 of the software developed by software developers, because of the limited form of expression and similar to existing software, does not constitute a copyright infringement of existing software.

Article 30 the software copy holder there is no reasonable reason to not know and should know the software is infringing copy, do not assume liability to pay compensation; But, we should stop using, destruction of the infringing copies. If stop using and destroy the infringing copy caused heavy loss to the copy user, the latter can continue to use after he makes a reasonable payment to the software copyright owner.

Article 31 the software copyright infringement dispute may be mediated.

Software copyright contract dispute may according to the arbitration clause in the contract or a written arbitration agreement reached afterwards, apply to the arbitration institution for arbitration.

No arbitration clause in the contract, the parties and no written arbitration agreement, subsequently can directly bring a suit before a people's court.

The fifth chapter bylaws

Article 32 the infringement actions which take place prior to the enforcement of this act in accordance with relevant state regulations in effect at the time of the infringement.

Article 33 of these regulations shall come into force on January 1, 2002. On June 4, 1991, promulgated by the state council of the computer software protection ordinance shall be repealed simultaneously.