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1. The applicant can handle the registration of computer software copyright transfer or exclusive contract by himself, or he can find a first-class institution to assist in registration.
2. The applicant should keep a copy of his software file for archiving;
3. If you handle the transfer of software copyright or stay in the contract and also register in the copyright hall, you can also send it to the software registration office by mail or express delivery.
4. To apply for software copyright, it is necessary to print, and there is no need to fill in any form of **, which is not effective. The application documents should be filled in according to the regulations, and the name in the application form should be consistent with the title of the work, if there is any inconsistency, it will be rejected.
6. The applicant for copyright must fill in the actual valid certificate or affix the official seal.
7. If the copyright owner is a natural person, a copy of the front and back of a valid natural person's ID card must be submitted. In addition, a certificate of non-labor employment must be provided.
8. If the applicant is a foreign natural person, a copy of the passport and a Chinese translation of the passport copy must be submitted, and the translator's signature and seal are also required.
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The name of the software can be changed without changing the functions and features of the software. For example, after the company name changes, it is necessary to change the corporate logo in the software name.
Materials to be submitted for software name change:
a. Completed application form for alteration or supplementary registration of computer software copyright;
b. A copy of the computer software copyright registration certificate with the official seal;
c. A description of the reason for the change (that is, it should be reasonable to explain the purpose of the software, the reasons for the change, the similarities and differences before and after the change, and why the change was made to the current name);
D A copy of the company's business license with the official seal.
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The name of the software copyright can be changed, and the applicant shall submit the following materials when applying for the change or supplementation of the registered name:
1) Supplemental application forms for changes or indiscriminate blocking, filled out as required;
2) A copy of the registration certificate or certificate;
3) Materials related to changes or supplements.
To apply for the inquiry of registered software, the applicant shall submit the following materials.
1) The inquiry application form filled in as required;
2) Other materials required;
The time required for the registration of software copyright change shall be 30 working days from the date of acceptance by the registration authority.
The transfer of software copyright goes through the following process:
1. The applicant can handle the registration of computer software copyright transfer or exclusive contract by himself, or he can entrust a first-class agency to handle the registration.
2. The applicant shall keep a copy of the application documents submitted, so as to maintain the consistency of the content of the documents in the amendment procedure.
3. The registration of software copyright transfer or exclusive contract can be handled on-site in the registration hall, or it can be mailed to the China Software Copyright Registration Department by ** letter or express mail.
6. If the copyright owner is an enterprise legal person or a public institution legal person, a copy of the valid business license of the enterprise legal person or the legal person certificate of the public institution shall be submitted, and the official seal of the unit shall be stamped;
7. If the copyright owner is a natural person, a copy of the valid natural person's ID card (front and back copies) shall be submitted. In addition, a non-job development guarantee or a non-job development certificate must be submitted. (**"Non-job Development Certificate", "Non-job Development Guarantee").
8. If the copyright is a foreign natural person, a copy of the passport and a Chinese translation of the passport copy shall be submitted, and the signature of the translator shall be required.
1. Provisions on the name of software copyright.
The name of the software copyright is required to be the enterprise trade name or trademark Software use The system or software ends with the full name of the software ending with the system or software, and it should be noted here that the end of the software name must be the end of the system, platform and software.
If you want to protect the name of the software copyright, you can register the name as a trademark.
Second, the software authorship? Authority.
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1. Application process, fill in the application form, submit the application documents, pay the application fee, accept the application by the registration authority, supplement and correct the application documents (not a mandatory procedure) Obtain a certificate Note: Before applying for change or supplementary registration, you need to do a software registration overview inquiry.
3. Submit the application documents, and the applicant or ** person shall submit the registration application documents as required.
4. Pay the application fee, when the application documents meet the acceptance requirements, the software registration agency will issue a payment notice, and the applicant or ** person shall pay the fee according to the requirements of the notice.
5. If the registration agency accepts the application, and the application documents meet the acceptance requirements and the application fee is paid, the registration agency shall accept it within the specified time limit and issue an acceptance notice and payment bill to the applicant or the first person.
6. Correction procedure, if there are defects in the application documents, the applicant or ** person shall make corrections within the specified time limit, and if the application is not corrected within the time limit, the application will be deemed to be withdrawn; If it still does not comply with the registration measures after supplementation and correction, the registration authority will refuse to register and notify the applicant or ** person in writing.
7. After obtaining the certificate, after 10 working days from the date of acceptance of the application, the applicant or person can register the relevant ** and check the announcement of the change or supplementary registration of the software registration items.
Copyright transfer refers to the legal act of the copyright owner transferring all or part of the property rights in the copyright to others with or without compensation. This transfer can usually be done through sale, barter, gift, or bequest. The copyright owner who transfers the copyright is called the assignor, and the other person who accepts the copyright is called the assignee.
In order to handle the transfer of computer copyright, it is necessary to apply to the China Copyright Protection Center for the registration of computer software copyright transfer or exclusive license contract, which can effectively protect the rights of the software transferee and prevent disputes caused by the transfer of rights multiple times. The application needs to submit more relevant documents such as the transfer contract and application according to the copyright center template, and it is recommended to apply through ** organization.
Author Wang Zequan Law".
Article 25: A written contract shall be concluded for the transfer of the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law.
a) the title of the work;
2) the type and territorial scope of the rights transferred;
3) the transfer price;
4) the date and manner of delivery of the transfer price;
5) Liability for breach of contract;
6) Other contents that both parties deem necessary to agree.
1. Materials required for the transfer of software copyright.
1. Fill in the "Application Form for Computer Software Copyright Registration" (fill in online) as required, and require: select "Succession Acquisition" - "Transfer" in the number source column of "Acquisition of Rights", and the original registration certificate number needs to be filled in.
2. A computer software copyright transfer agreement.
3. Two copies of the business license of the transferor and the transferee with the official seal.
4. The original and copy of the computer software copyright registration certificate shall be stamped with the official seal.
5. "**Power of Attorney".
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Legal analysis: the applicant submits the application materials for change - the change machine is checked and the materials are accepted - the notice is paid - the applicant pays the change fee - the application is accepted by the change agency - the review - the certificate is made and issued - the announcement.
Legal basis: Law of the People's Republic of China on the Registration of the Law on the Collapse of Rights of Computer Software Works
Article 4 The applicant for software copyright registration shall be the copyright owner of the software and the natural person, legal person or other organization that inherits, transfers or inherits the software copyright. The applicant for the registration of a software copyright contract shall be a party to the exclusive license contract or transfer contract for software copyright.
Article 5 These Measures shall apply to the applicant or one of the applicants who is a foreigner or a stateless person.
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