People's Republic of China promulgated by Decree No. 632
The State Council on amending the regulations on protection of computer software Executive meeting of the State Council on January 16, 2013 No. 231 of the decision adopted, promulgated and take effect on March 1, 2013.
Prime Minister Wen Jiabao
The State Council on January 30, 2013 decision on amending the regulation on the protection of computer software
Decision of the State Council on computer software protection regulations read as follows: The 24th article is revised as follows: "the first or the second of the preceding paragraph, may be every 100 Yuan amount 1 time more than double in value terms or fined not more than 5 times; a third, fourth or fifth in the preceding paragraph, may be fined not more than 200,000 yuan.
” This decision shall take effect on March 1, 2013.
The regulations on protection of computer software in accordance with this decision be revised and republished.
Regulations on protection of computer software
(December 20, 2001 People's Republic of China promulgated by Decree No. 339, published on January 8, 2011 the State Council concerning the annulment and modify the part of the first amendment of the decision of the administrative law of January 30, 2013, the State Council on amending the regulations on protection of computer software, the decision of the second amendment) Chapter I General provisions
The first in order to protect the rights of copyright owners of computer software, adjustments in the development, dissemination and use of computer software of interest to encourage the development and application of computer software, promote the development of software industry and Informatization of the national economy, according to the People's Republic of China copyright law, this Ordinance is enacted.
Article referred to in these regulations computer software (hereinafter referred to as software) refers to computer programs and related documentation.
The third meaning of the following terms used in these regulations: (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 it can be automatically converted into a sequence of coded instructions of symbolic instruction sequences or sequence of symbolic statement.
A computer program's source program and the object program for the same work.
(B) document, is the term used to describe the content, composition, design, functional specifications, development, test results and how to use text information and graphics, programming instructions, flow charts, user manuals, and so on.
(C) software developer, refers to the actual development and organization development, direct, and developed the software bear the responsibility of legal persons or other organizations software development independently or by virtue of his own condition and natural responsibility for software.
(D) the software copyright owner, is in accordance with the provisions of this Ordinance, and to natural persons, legal persons or other organizations for software copyright.
Fourth article is subject to the regulations must be developed by independent developers of software, and has been fixed in some tangible object.
Article fifth Chinese citizens, legal persons or other organizations on the development of software, whether published, shall enjoy copyright in accordance with this regulation.
Software first foreigners, stateless persons within the territory of China issued, shall enjoy copyright in accordance with this regulation.
Software that foreigners and stateless persons, in accordance with the developer's country of nationality or habitual residence and China signed agreements or in accordance with the international treaties to which China enjoys copyright under this regulation.
Sixth article of the Ordinance for software copyright protection does not extend to and developed the idea of software used, process, methods of operation or mathematical concepts, and so on. Article seventh software copyright owner can be identified by the Copyright Administration Department under the State Council registrars for the registration of the software.
The software registration institution registration certificate is issued by the registration of the preliminary evidence. Registration shall pay a fee for software.
Software registration fees by the Copyright Administration Department under the State Council in conjunction with the Department in charge of price under the State Council.
Chapter II article eighth software copyright software copyright owner enjoys the following rights:
(A) the right of publication, that is, the right to decide whether the software available to the public;
(B) the right of authorship, that developer, software and signature rights;
(C) the right of alteration, that software additions, deletions, or change the order instructions, statements of rights;
(D) the right of reproduction, the right to make one or more copies of the software;
(E) the right of distribution, as selling or donating the software to the public of the originals or reproductions the right;
(F) the right of rental, that is, authorize others to temporary right to use the software, but software is not the main subject matter of the lease except;
(G) the right of communication through information network, that is, to provide software to the public by cable or wireless, so that the public can be individually chosen by them in the time and place the right to software;
(H) the right of translation, the original software from one natural language to another kind of natural language rights;
(IX) other rights that should be enjoyed by the software copyright owner.
Software copyright owners may license other persons to exercise their software copyright and the right to remuneration.
Software copyright owners may fully or partly, transfer their software copyright and the right to remuneration.
Nineth software copyright belongs to the software developer, except as otherwise provided in this Ordinance.
If there is no evidence to the contrary, software and signature of the natural person, legal person or other organization for developers. Tenth section is composed of two or more natural persons, legal persons or other organizations to develop software, its copyright ownership by partner developers to enter into a written contract. Without a written contract or not expressly stipulated in the contract, 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 separated, the copyright co-developers share, through the exercise of consensus; not by consensus, without a legitimate reason, either party shall not prevent parties from exercising other rights except the right to transfer, but the proceeds should be rationally allocated to all developers.
11th article entrusted development of software, and its ownership of copyright by the trustor and the trustee to enter into a written contract without a written contract or not expressly stipulated in the contract, the copyright enjoyed by the trustee.
12th software developed by State mandate, ownership and exercise of copyright or contract by the project task book project tasks or not expressly stipulated in the contract, software copyrights by accepting the task of a legal person or other organization.
13th natural legal persons or other organizations during the development of software in any of the following circumstances, the copyright developed by the legal person or other organization, the natural legal persons or other organizations to develop software for rewards:
(A) job development goals clearly specified in the development of software;
(B) the foreseen by the developed software is engaged in work activities or natural results;
(C) mainly used the legal person or other organization, special equipment, undisclosed information and other material and technical resources to develop and by the legal entity or other organization accountability software.
14th software copyright from the date of completion of software development.
Software copyrights of natural persons, the period of protection for natural persons life and 50 years after death, due to the natural death of the 50th year after the December 31; software is developed, ending in the death of the last natural deaths of the 50th year after the December 31.
Legal person or other organization software copyrights, protection for 50 years, ended in 50th year after the software was first published on December 31, but the software is not published within 50 years from the date of completion of the development, this Ordinance is no longer protected.
15th software copyright belonging to natural persons, after the death of the natural person, within the period of protection of software copyright, software copyright's heirs in accordance with the People's Republic of China relevant provisions of the inheritance law, inherited the eighth article of the Bill's other rights besides the right of authorship.
Software copyright is a legal person or any other organization, after modification and termination of legal person or other organization, the copyright term of protection provided for in this Ordinance within his rights and obligations of the legal person or other organization; did not accept the rights and obligations of the legal person or other organization, by country.
16th illegal copies of software for all of the following rights:
(A) depending on the need to put the software into the computer used in such devices having information processing capacity; (B) copies in order to prevent damage and make a backup copy.
The backup copies may not be available to others in any way, and losing ownership of the illegal copies, in all, responsible for the backup copy will be destroyed;
(C) to use the software for the real computer environment or improve the performance of its functions, and make modifications if necessary; however, except as otherwise specified in the contract, without the permission of the copyright owner of the software, shall not be provided to any third party the modified software.
17th in order to study and research software includes design ideas and principles, through installation, display, transmission or storage software, used software, without permission of the copyright owner of the software and not to payment of remuneration.
Chapter III software copyright licensing and assignment 18th authorize others to exercise their software copyright and shall conclude a licensing contract.
License contract without express permission of the copyright owner's rights in the software, licensee shall not exercise.
19th law that authorize others to proprietary software copyright, the parties concerned shall enter into a written contract.
Did not enter into a written contract or proprietary license not expressly provided for in the contract, be allowed to exercise the right shall be deemed non-exclusive rights.
Article 20th software copyright, the parties concerned shall enter into a written contract.
Section 21st license proprietary software copyright licensing contracts, or enter into a transfer contract of software copyright, the Copyright Administration Department under the State Council declared the software registry.
22nd Chinese citizens, legal persons or other organizations of copyright license or transfer the software to a foreigner, should abide by the People's Republic of China regulations on the management of technology import and export regulations.
The fourth chapter legal liability article 23rd in addition to the People's Republic of China copyright law or provisions of this Ordinance, the following acts of infringement, shall, where appropriate, take on ceasing the infringing act, eliminating the effects, apology, civil liability for damages:
(A) without the permission of the copyright owner of the software, to publish or register his software;
(B) other software as their own software to publish or register;
(C) without the permission of partners, and will work with others to develop software as a complete software on its own to publish or register;
(D) the signature in the other software or change the signature on the software of others;
(E) without the permission of the copyright owner of the software, modify, translate the software;
(Vi) other acts of copyright infringement of software. 24th article except People's Republic of China copyright method, and this Ordinance or other legal, and administrative regulations another has provides outside, without software copyright people license, has following infringement behavior of, should according to situation, bear stop against, and elimination effect, and apologized, and compensation loss, civil responsibility; while damage social public interests of, by copyright administration sector ordered stop infringement behavior, confiscated illegal proceeds, confiscated, and destroyed infringement copies, can and at fine; plot serious of,
Administration of copyrights may also be confiscated is mainly used for making infringing copies of materials, tools, equipment, etc; violated, according to the criminal law on the crime of copyright infringement and selling infringing the provisions of the crime, criminal responsibility shall be investigated in accordance with law:
(A) copy or partial copy of the software of the copyright owner;
(B) distribution to the public, rental, through the information network communication software of the copyright owner;
(Iii) with the intent to avoid or undermine the copyright owner to protect their software copyright and technical measures;
(D) intentionally remove or change the software of the electronic rights management information;
(V) the transfer or authorize others to exercise the copyright in the software of the copyright owner.
First or second in the preceding paragraph, may be every 100 Yuan amount 1 time more than double in value terms or fined not more than 5 times; a third, fourth or fifth in the preceding paragraph, may be fined not more than 200,000 yuan.
25th the compensation amount of copyright infringement of software in accordance with the People's Republic of China 49th of the rules to determine the law of copyright.
26th software copyright owner shall have evidence to prove that others are being implemented or are about to commit acts of violations of their rights, if not stopped, will cause irreparable damage to their legitimate rights and interests, in accordance with the People's Republic of China copyright law provisions of 50th, filed before applying to the Court to order the suspension of the Act and the measures for property preservation.
27th in order to stop the infringing act, in the case of evidence may be destroyed or lost or difficult to obtain later, the software copyright owner may, in accordance with the People's Republic of China copyright law provisions of 51st, filed a lawsuit to the people's Court for preservation of the evidence before it.
28th copy software publishers, producers cannot justify its publication, production lawful authority, or copies of the software publisher, the lessor does not justify his release, rental copies of legitimate sources, shall bear legal responsibility.
Article 29th software developers software, due to the limited available expression software similar to that already exists and does not constitute a copyright violation of software that already exists. Article 30th software copy holders don't know or reasonably should know that the software was pirated, does not assume liability, but should stop using and destroy the infringing copy.
If you stop using and destroy the infringing copies would cause heavy losses to copy user, copy user can pay a reasonable fee to the software copyright and then continue to use it.
31st software copyright infringement dispute mediation.
Software copyright contract dispute, arbitration can be based on the contract terms or written arbitration agreement reached afterwards, apply for arbitration to the arbitration body.
If no arbitration clause in the contract, and the absence of a written arbitration agreement, you can directly initiate litigation to the people's Court.
Fifth chapter supplementary articles article 32nd violations that occurred prior to the implementation of this Ordinance, in accordance with the relevant provisions of the State when the violations occurred. 33rd article of the regulations come into force on January 1, 2002. Computer software protection regulations promulgated by the State Council on June 4, 1991 repealed simultaneously.
