Meaning
Administrative decree issued by the State Council establishes the legal framework for the protection of software copyrights in China. Legal recognition under the computer software protection regulations extends to the object code and source code of a program as well as its related documentation. These rules provide the basis for enforcing rights against unauthorized reproduction or distribution of software products within the jurisdiction.
Registration Authority
Voluntary filing of software copyrights occurs through the copyright protection center of china. While protection exists from the moment of creation, the certificate issued under the computer software protection regulations serves as evidence of ownership in legal disputes or administrative enforcement actions.
Protection Scope
Statutory duration for software copyright depends on the nature of the owner. For natural persons, the right lasts for the lifetime of the author plus fifty years, whereas for legal entities the term is fixed at fifty years from the date of first publication.
Legal Remedy
Infringement actions allow the right holder to seek compensation based on the actual loss or the illegal gains of the infringer. Courts may also award statutory damages when the specific financial impact of a violation of the computer software protection regulations is difficult to quantify.
