How long does it take to apply for a software copyright?

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 registration of software copyright is divided into individual and enterprise registration

Individual registration of software copyright refers to the act of recording and protecting the rights and interests of natural persons in the form of registration and filing with the registration authority for non-service software works independently developed by themselves. The registration of software copyright enterprises refers to the act of recording and protecting the rights and interests of enterprises (public institutions) with enterprises (public institutions) as the reporting unit through registration and filing with the registration authority. According to the Notice of the China Copyright Protection Center on Matters Concerning the Suspension of Software Copyright Registration and Payment, after April 1, 2017, applicants will stop collecting software copyright registration fees when applying for computer software copyright registration procedures.

In the absence of official fees, the registration of software copyright shall be within 30 working days from the date of acceptance by the registration authority. At present, when entrusting the first agency to handle the application for software copyright registration, it can also be expedited, and the registration procedures can be completed and the registration certificate can be received in 1-3 working days at the shortest. Legal basis:

Article 20 of the Measures for the Registration of Computer Software Copyrights The China Copyright Protection Center shall, within 60 days from the date of acceptance, complete the examination and completion of the accepted application, and if the application complies with the provisions of the "Regulations" and these Measures, it shall be registered, the corresponding registration certificate shall be issued, and the application shall be announced.

It takes 30 to 40 working days to apply for computer software copyright, and it takes 300 yuan to prepare complete materials and certificates. Registration can be done expedited, and the fee will be increased accordingly. You can call 010-68003934 or 64097080 for inquiries.

According to the provisions of the judicial interpretation of the Copyright Law of the People's Republic of China, copyright registration can be used as preliminary evidence of copyright ownership, and the copyright registration authority does not conduct a substantive examination of the subject of the right and whether it constitutes a work. After the application is successful, you will be notified online for 3 days, and then you can collect the certificate with the acceptance certificate.

Precautions for software copyright application.

In the event of the transfer, acceptance, pledge of the copyright of the registered software, or the change of the name of the copyright owner, the successor of the right shall handle the copyright registration, and the parties to the contract shall handle the registration of the transfer and exclusive license contract, the registration of the software copyright pledge contract, and the application for change or supplementary registration, etc., shall be subject to the inquiry of the software copyright registration profile, and the query result shall be one of the documents for the above-mentioned registration application. **Enquiry application form.

The name, version number and page number of the application software shall be marked on the header of the document and the source program, and shall be exactly the same as the corresponding content in the application form.

If the software is an upgraded version, you should select the modification item and fill in the modification description in the software work description in the basic information column of the software application form, and if the previous version has been registered, you should fill in the original registration number and submit a copy of the original certificate.

If the software copyright owner is obtained by way of transfer, there are two ways to apply for software copyright registration: aCategory--Obtain computer software copyright registration certificate.

That is, the application form for computer software copyright registration filled in by the transferee as the applicant. b.Obtained the registration certificate of computer software copyright contract.

That is, the application form for registration of computer software copyright transfer contract and exclusive license contract filled in by the transferor or transferee for the applicant.

Submit a copy of the valid business license of the enterprise legal person or the certificate of the legal person of the public institution, and the official seal shall be affixed; A copy of a valid natural person's ID card (front and back copies) should be submitted.

The version number in the Computer Software Copyright Application Form should be filled in according to the specification, such as or these two modes.

In order to improve work efficiency and shorten the work cycle, all kinds of notices (such as correction notice, payment notice, etc.) in the registration process of our center will mainly notify the applicant by email, please check the email in time. Applicants should provide a true and accurate email address when filling out the application form.

Software copyright is generated from the date of completion of software development and does not need to be applied. The term of protection of the software copyright of the natural person is 50 years after the death of the natural person, ending on December 31 of the 50th year after the death of the natural person; The term of protection of the software copyright of a legal person or other organization 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.

Legal basis:Article 14 of the Regulations on the Protection of Computer Software.

Software copyright is generated from the date of completion of software development. The term of protection of the software copyright of a natural person is 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 of the software copyright of a legal person or other organization 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.

It takes 60 days to declare software copyright. According to the relevant laws and regulations, the China Copyright Protection Center shall complete the examination of the application for software copyright registration submitted by the parties within 60 days from the date of acceptance, and if the application meets the registration conditions, it shall be registered, the corresponding registration certificate shall be issued, and the application shall be announced.

Legal basis:

Article 8 of the Measures for the Registration of Computer Software Copyright.

Where copyright registration is carried out for cooperatively developed software, all copyright owners may negotiate and designate a copyright owner to handle it as a representative. Where copyright owners disagree through negotiation, any copyright owner may apply for registration on the premise that the interests of other copyright owners are not harmed, but the other copyright owners shall be indicated.

1) The application form for software copyright registration to be filled in as required;

2) Identification materials of the software;

3) Relevant supporting documents.

Article 19. For the applications referred to in Articles 9 and 14 of these Measures, the date of receipt of the materials that meet the requirements of Chapter II of these Measures shall be the date of acceptance, and the applicant shall be notified in writing.

Article 20. The China Copyright Protection Center shall, within 60 days from the date of acceptance, complete the examination and completion of the accepted application, and if the application complies with the provisions of the "Regulations" and these Measures, it shall be registered, the corresponding registration certificate shall be issued, and the application shall be announced.

From the date of the work's creation, the author automatically enjoys the copyright. Some people don't understand why copyright registration is necessary since they all automatically have copyrights. Copyright registration is voluntary, and most of the reasons why copyright owners want to register copyright are because it can be used as a valid proof of rights in the event of a copyright dispute.

3. The Copyright Center receives the documents and conducts a preliminary review.

4. Pay the fee after passing the review, and if it is not passed, it needs to be corrected or revoked.

5. The Copyright Center accepts the application and issues a notice of acceptance.

6. The Copyright Center will review the application documents to decide whether they need to be supplemented and corrected.

7. Review and register through the copyright center and register the certificate and announce it.

What documents are required for copyright registration?

Copyright:

1) Applicant's main qualification certificate [company: business license (with official seal); Individual: ID card];

2) Sample drawings of works and instructions for the creation of works;

3) Application form for copyright registration of works;

4) Copyright description of the work of the legal person (provided when the author is a legal person or an unincorporated organization);

5) Power of attorney, application with drawings, and a copy of the company's business license.

Software Copyright:

1) Applicant's main qualification certificate [company: business license (with official seal); Individual: ID card];

2) Application form for registration of computer software copyright;

3) Source** (provide 30 consecutive pages before and after the source** and 50 lines per page (3000 lines in total), if all the sources** are less than 3000 lines, all sources** should be submitted**);

4) Design specification or operation instruction document (generally more than 10 pages);

5) **A copy of the company's business license.

The registration agency will complete the registration within 30 working days after accepting the registration application. If it is necessary to supplement and correct the materials, the applicant shall complete the correction within two months after receiving the notice of supplementation and correction, and the registration agency shall complete the completion within 30 working days after receiving the materials that meet the requirements.

Legal analysis: The application for software copyright is generally 60 days, and if the application for software copyright registration is applied, the China Copyright Protection Center shall review and complete the accepted application within 60 days from the date of acceptance, and if the application meets the requirements, it shall be registered, the corresponding registration certificate shall be issued, and the application shall be announced.

Legal basis: Article 20 of the Measures of the People's Republic of China for the Registration of Computer Software Copyright.

The China Copyright Protection Center shall, within 60 days from the date of acceptance, complete the examination and completion of the accepted application, and if the application complies with the provisions of the "Regulations" and these Measures, it shall be registered, the corresponding registration certificate shall be issued, and the application shall be announced.

How long does it take to apply for software copyright is as follows: it takes 30 40 working days to apply for computer software copyright, you need to prepare complete information and proof, and it will take longer for software copyright if the information is incomplete, and you will be notified online for 3 days after the application is successful, and then you can receive the certificate with the acceptance certificate. According to the official notice of the China Copyright Protection Center, it is necessary to pay attention to the following when applying for computer software copyright

1. The applicant can handle the registration of computer software copyright by himself, or he can entrust a leading agency to handle the registration.

2. The applicant shall keep a copy of the submitted application documents 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 Software Registration Department of China Copyright Protection Center 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.

Civil Code of the People's Republic of China: Article 123 [Definition of Intellectual Property Rights] Civil entities enjoy intellectual property rights in accordance with law. Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter:

a) the work; 2) Inventions, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

vii) new plant varieties;

8) Other subject matter provided for by law.