Does software copyright need to be registered?
Registration is the process of software copyright acquisition Administrative and legal protection.
Computer software copyright refers to the various exclusive rights enjoyed by software developers or other rights holders in accordance with relevant copyright laws for software works. As far as the nature of the right is concerned, it is a kind of civil right and has the common characteristics of civil rights. Copyright is an exception among intellectual property rights because the acquisition of copyright does not require individual confirmation. This is what people often call the principle of "automatic protection." After the software is registered, the software copyright owner enjoys the right to publish, the right to developer identity, the right to use, the right to use permission and the right to receive remuneration.
According to Article 24 of the "Computer Software Protection Regulations" promulgated in 1991: "The registration of software copyrights with the software registration management agency shall be in accordance with these regulations. Propose the prerequisite for administrative handling or litigation of software rights disputes." This provision is very unreasonable. Unregistered software is not subject to administrative protection, and even if it is infringed, you cannot file a lawsuit in court. Although it is not stated that software must be registered to receive legal protection, in fact, unregistered software is excluded from legal protection. It can be considered that software copyright registration is compulsory to a certain extent.
This regulation was partially rejected by the Supreme People's Court in 1993 in the "Notice on Several Issues Concerning the In-depth Implementation of the Copyright Law of the People's Republic of China". Article 3 of the Interpretation stipulates: “…Where a party files a lawsuit using computer software, and upon review, it complies with the provisions of Article 108 of the Civil Procedure Law of the People’s Republic of China, regardless of whether the software has been registered by the relevant department, the People’s Court shall It should be accepted." If the software is infringed, even if it is not registered, we can still go to court to file a lawsuit.
Computer software is the same as other works. Its copyright arises from the date of completion of creation or development, regardless of whether it is published or not. However, it is best to apply for copyright registration for software, because when a software infringement case occurs, registration is very important to the judicial authorities.It is of great significance to determine the ownership of rights, the time of software completion, and the fact of infringement; it is also of great significance for administrative agencies to confirm the nature and ownership of software products and other issues. In addition, after the software products of software companies have been registered for copyright, they can enjoy relevant national preferential policies in operation, which is conducive to promoting the development of enterprises.
Based on the above introduction, registration is the prerequisite for software copyright to obtain administrative and legal protection. I believe that after reading the above introduction, everyone has a certain understanding of the legal knowledge of software copyright registration. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
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