Introduction to Computer Software Copyright

Computer software refers to computer programs and their related documents. A computer program is a sequence of code-based instructions or symbolic statements that can achieve certain functions. Documentation refers to the written materials and charts used to describe the content, composition, design, functional specifications, development, test results and use methods of the program, such as program design instructions, flow charts, user manuals, etc.

Any natural person, legal person or other organization that has independently developed the software, or any natural person, legal person or other organization that has inherited, transferred or inherited the software copyright through a contract, may become the copyright owner.

Computer software copyright registration advantages

1. Can be used as an important basis for tax relief

According to relevant state regulations: "The computer software registered with the National Copyright Administration and transferred the copyright and ownership at the time of sale shall be taxed with business tax, not VAT."

2. It can be used as the basis of key legal protection

When the software copyright is infringed, the judicial organ may use the software copyright registration certificate directly as strong evidence without examination.

3. It can be used as a technical investment

Computer software can be used as high and new technology investment, and the proportion of pricing can break through the company law limit of 20% to 35%. Some local governments even stipulate that "100% software technology can be invested as a shareholder".

4. It can be used as the basis for applying for scientific and technological achievements

When applying for registration of scientific and technological achievements, a Form for Registration of Scientific and Technological Achievements shall be submitted, which shall include the registration certificate of software copyright and the registration certificate of software products.

5. Tangible gains after the bankruptcy of the enterprise

Legally, copyright is regarded as an "intangible asset". When the enterprise goes bankrupt, the intangible asset (copyright) can be transferred and auctioned to obtain tangible funds.

6. It can be used as a pledge by the bank

At present, software copyright can be used as a pledge by banks to apply for pledge loans.

Materials required for software copyright registration

1. Application Form for Software Copyright Registration;

2. Identification materials of software (programs, documents);

3. Relevant supporting documents, including identity documents of the applicant, agent and contact person, ownership documents, etc.;

4. Other supporting documents, such as letter of authorization, software copyright transfer agreement, enterprise change (merger or division), resolution of terminated shareholders' meeting or board of directors, enterprise merger agreement, liquidation report, enterprise cancellation certificate and other relevant supporting documents.

Software copyright registration process

1. Fill in the application form: you can contact us or go to the official website to download the application form

2. Submit application documents: the applicant or agent shall submit paper registration application documents as required

3. The registration authority accepts the application: if the application documents meet the requirements for acceptance, the registration authority shall accept the application within the prescribed time limit and issue a notice of acceptance to the applicant or the agent; If it fails to meet the requirements for acceptance, a notice of rectification shall be issued;

4. Examination: those who meet the requirements of the Regulations on the Protection of Computer Software and the Measures for Registration of Computer Software Copyright shall be registered after examination; If the provisions are not met, a notice of rectification shall be issued;

5. Obtain the registration certificate: 30 working days after the acceptance of the application, the applicant or the agent can log on the official website and check the announcement of software copyright registration.