What is the significance of software copyright registration?

The significance of the registration of software copyright, the Ministry of Finance and the State Administration of Taxation "on the implementation of the Communist Party of China's decision on strengthening technological innovation, developing high technology, and realizing industrialization of the notice on tax issues" stipulates that the business tax shall be levied on the computer software registered by the National Copyright Administration and transferred at the time of sale at the time of sale, and no value-added tax shall be levied. The significance of the registration of software copyrightArticle 32 of the Notice on Printing and Distributing Several Policies to Encourage the Development of the Software Industry and the Integrated Circuit Industry stipulates:

The copyright administrative management department should standardize and strengthen the software copyright registration system, encourage the registration of software copyright, and give key protection to the registered software in accordance with national laws. For example, when the software copyright is infringed, the judicial authority can directly use the software copyright registration certificate as strong evidence without going through the examination; In addition, it is also the law enforcement basis for the national copyright management authority to punish software copyright infringement.

The Provisions on Several Issues Concerning the Contribution of High-tech Achievements into Shares stipulate that computer software can be invested as high-tech investment, and the proportion of the price can exceed the 20% limit of the Company Law to 35%. There are even some places** stipulating:

100% of the software technology can be invested as a shareholder, but it is required to obtain a software copyright registration first. As the basis for applying for scientific and technological achievements, Article 8 of the notice of the Ministry of Science and Technology on printing and distributing the "Measures for the Registration of Scientific and Technological Achievements" stipulates that the "Registration Form of Scientific and Technological Achievements" and the following materials shall be submitted for the registration of scientific and technological achievements:

1) Application of technological achievements: relevant evaluation certificates (appraisal certificates or appraisal reports, science and technology plan project acceptance reports, industry access certificates, new product certificates, etc.) and development reports; or proof of intellectual property rights (patent certificate, plant variety right certificate, software registration certificate, etc.) and user certificate. The software registration certificate here refers to the registration certificate of software copyright and the registration certificate of software products, and other ministries and commissions also have similar provisions.

The tangible income after the bankruptcy of the enterprise is regarded as an intangible asset in law, and the intangible assets of the enterprise do not disappear with the bankruptcy of the enterprise, and the vitality and value of the intangible assets (copyrights) still exist after the bankruptcy of the enterprise, and the intangible assets (copyrights) can be transferred and auctioned to obtain tangible funds. According to the provisions of the computer software copyright registration measures, the time for software copyright registration is 30 working days from the date of acceptance

On July 1, 2009, a new version of the software copyright registration certificate has been implemented, the certificate has changed from yellow to blue as a whole, and lace has been added to the border of the certificate, which is more noble and more atmospheric; The only regret is that the certificate does not have a cover, and all registered users of software companies who have obtained the certificate can only find the cover by themselves. To sum up the above, the software copyright can be transferred, but at the same time of the transfer must meet the conditions prescribed by law, and the two parties must sign the transfer agreement to be considered legal, the transfer of copyright means that they no longer have the ownership of the product, so the two parties must negotiate at the same time as the transfer, so as to avoid disputes.

Computer software copyright refers to the exclusive rights enjoyed by software developers or other right holders for software works in accordance with the provisions of relevant copyright laws. In terms of the nature of the right, it is a civil right and has the common characteristics of civil rights.

The full name of software copyright is "computer software copyright", which refers to the exclusive rights enjoyed by software developers or other rights holders in accordance with the provisions of relevant copyright laws.

The significance of soft copyright registration:

The registration of soft works has nothing to do with the development environment and hardware environment, and the software must be independently developed by the developer and fixed to some tangible object. However, relevant documents are required at the time of registration.

2. Software is the basis for software to be protected; prerequisites for initiating litigation and judicial protection; Software works as a prerequisite for technology investment; The prerequisites for the right holder to enjoy various preferential policies.

The term of protection is:

The term of protection for software works of a natural person shall be the life of the natural person and 50 years after his death, ending on December 31 of the 50th year after the death of the natural person; The software was developed collaboratively as of December 31 of the 50th year after the death of the last deceased natural person.

The term of protection for software works of legal persons or other organizations is 50 years, ending on December 31 of the 50th year after the software is first published, but if the software is not published within 50 years from the date of completion of development, these Regulations shall no longer protect it.

There are many companies that provide such services for software copyright applications, including large platforms such as Alibaba Cloud. Relatively speaking, a larger platform** will be relatively more transparent, and the service will be more guaranteed. If you apply softly, it is still recommended to go to a big platform, and you can rest assured that it will be more worry-free.

Legal analysis is positive: for example, the purpose of software copyright registration is to record and protect rights and interests.

Legal basis: "Regulations on the Protection of Computer Software" Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China in order to protect the rights and interests of computer software copyright holders, adjust the interest relationships that occur in the development, dissemination and use of computer software, encourage the development and application of computer software, and promote the development of the soft beam potato parts industry and the informatization of the national economy.

Software copyright registration requires a certain registration fee, and the registration procedure is cumbersome. However, although software copyright registration is no longer a mandatory requirement, copyright registration still has strong practical significance.

1. As the basis for the software to be protected.

Article 32 of the Notice on Several Policies for Encouraging the Development of the Software Industry and the Integrated Circuit Industry stipulates that the copyright administrative department shall standardize and strengthen the software copyright registration system, encourage the registration of software copyright, and give key protection to the registered software in accordance with national laws.

2. As the basis for tax incentives.

According to the Notice on Several Policies to Encourage the Development of the Software Industry and the Integrated Circuit Industry and the relevant documents of the Ministry of Finance and the State Administration of Taxation, the state will focus on the protection of the registered software, and enjoy a number of preferential policies on taxation, intellectual property rights, financing, import and export, and talent attraction.

3. Invested as a technology contribution.

The Provisions on Several Issues Concerning the Contribution of High-tech Achievements into Shares stipulate that computer software can be invested as high-tech capital contributions, and the proportion of the price can exceed the 20% limit of the Company Law to 35%. At present, some places have even stipulated that the price of software can be 100% funded by technology. However, it is generally required that the software copyright should be registered.

4. As the basis for applying for scientific and technological achievements.

Article 8 of the notice of the Ministry of Science and Technology on the issuance of the "Measures for the Registration of Scientific and Technological Achievements" stipulates that the registration of scientific and technological achievements shall be submitted with the "Registration Form of Scientific and Technological Achievements" and the following materials:

1) Application of technological achievements: relevant evaluation certificates (appraisal certificates or appraisal reports, science and technology plan project acceptance reports, industry access certificates, new product certificates, etc.) and development reports; or proof of intellectual property rights (patent certificate, plant variety right certificate, software registration certificate, etc.) and user certificate. The registration here can be understood as the registration of copyright, and other ministries and commissions also have similar provisions to make the application for technical achievements in software should be submitted to the software registration certificate.

In addition, software copyright registration has a more practical significance, that is, to enjoy the role of software copyright certification. Software consists of a series of **, called a source**, which can be copied without restriction. Software copyright protects the source **, and it is generally believed that whoever holds the source ** is the copyright owner.

Due to the reproducibility of the source, it is not possible to distinguish between the original and the copy as if the source is not strictly confidential, and it is difficult to distinguish the copyright owner. If the copyright registration is carried out as soon as possible and the "Software Copyright Registration Certificate" is obtained, this is the preliminary proof of rights, in the event of a software copyright dispute, the "Software Copyright Registration Certificate" is a powerful claim to software rights, and it is the best evidence to file a lawsuit with the people's court and request judicial protection, and the other party has considerable difficulty in adducing evidence to prove that the "Software Copyright Registration Certificate" is not the real software copyright owner. In the case of software copyright, the "Software Copyright Registration Certificate" is also conducive to the smooth completion of the transaction as proof of rights.

Legal analysis: The purpose of software copyright registration is to record or protect rights and interests.

Legal basis: Article 2 of the Measures for the Registration of Computer Software Copyright In order to promote the development of China's software industry and enhance the innovation and competitiveness of China's information industry, the national copyright administrative department encourages software registration and gives key protection to the software registered in the early bridge.