NEWS

Guobanfa [2023] No. 1

Copyright bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government, equipment departments (staff departments, combat service departments) of all services and arms, relevant bureaus (departments) of all ministries and commissions of the Central Military Commission, relevant bureaus of all institutions directly under the Central Military Commission, scientific research departments of all units directly under the Central Military Commission, and equipment departments of the Armed Police Forces , Chinese Academy of Sciences, China Academy of Engineering Physics, various military industrial group companies:

The "Interim Measures for Copyright Registration of Military Computer Software" are now issued to you. Please comply with them carefully.

National Copyright Administration                  Central Military Commission Equipment Development Department

March 29, 2023

Interim Measures for Copyright Registration of Military Computer Software

Article 1 In order to strengthen the informatization construction of my country's national defense and military, promote the development of military computer software, and protect the rights and interests of military computer software copyright holders, in accordance with the Copyright Law of the People's Republic of China, the Regulations on the Protection of Computer Software, and the Measures for Registration of Computer Software Copyright, This method is formulated based on the particularity of military computer software.

Article 2 Military computer software as mentioned in these Measures refers to computer programs and related documents used for military purposes.

Article 3 These Measures apply to the registration of military computer software copyrights where the application documents involve national defense interests and national security and require confidentiality, and the registration of exclusive license contracts and transfer contracts for military computer software copyrights (hereinafter collectively referred to as the registration of military computer software copyright contracts). The confidentiality of military computer software copyright registration and military computer software copyright contract registration shall be implemented in accordance with the relevant confidentiality regulations of the state and the military.

If the application documents for military computer software copyright registration and military computer software copyright contract registration are top secret, you may not apply for registration.

If the application documents for military computer software copyright registration and military computer software copyright contract registration do not involve confidentiality, they shall be implemented in accordance with the "Computer Software Copyright Registration Measures".

Article 4 The national defense intellectual property management agency is responsible for the acceptance, review, and issuance of registration certificates for military computer software copyright registration and military computer software copyright contract registration.

Article 5 An applicant for copyright registration of military computer software shall be the copyright owner of the software or the natural person, legal person or unincorporated organization that inherits, transfers and inherits the copyright of the software.

Copyright registration for military computer software jointly developed must be subject to the consent of all copyright holders. When applying for registration, all copyright owners can negotiate and determine one copyright owner to handle the application on their behalf.

An applicant for registration of a military computer software copyright contract shall be a party to an exclusive license contract or transfer contract for military computer software copyright.

Article 6 Military computer software applied for registration shall be independently developed, or software with substantial improvements in function or performance formed by modifying the original software with the permission of the original copyright owner.

Software formed by errata improvements, human-computer interaction optimization and other modifications to the original software, as well as general functional development, small incremental development, and supplementary development of models, algorithms, data, etc., shall not be registered separately.

Article 7 Those who apply for military computer software copyright registration shall submit the following materials to the national defense intellectual property management agency:

(1) Military computer software copyright registration application form;

(2) Identification materials for military computer software;

(3) Military computer software copyright registration classification certificate form issued by an agency or unit with classification authority;

(4) Other supporting documents.

Article 8 When applying for copyright registration of military computer software, the identification materials submitted shall include identification materials for programs and identification materials for documents.

The identification materials of the program and the identification materials of the documents should consist of 30 consecutive pages before and after the source program and any kind of documents. If the program and documentation are less than 60 pages, all source programs and documentation should be submitted. Except under certain circumstances, the program should have no less than 50 lines per page, and the document should have no less than 30 lines per page.

Article 9 When applying for military computer software copyright registration, you may choose one of the following methods to make an exceptional deposit of identification materials:

(1) The 30 consecutive pages before and after the source program, in which the information related to military operations, training, weapons and equipment tactical and technical performance, etc. are covered with wide black slashes, but the covered part shall not exceed 50% of the deposited source program;

(2) The first 10 consecutive pages of the source program, plus the 50 consecutive pages of any part of the source program;

(3) 30 consecutive pages before and after the target program, plus 20 consecutive pages of any part of the source program.

If documents are deposited as an exception, they shall be handled in accordance with the provisions of the preceding paragraph.

Article 10 When applying for copyright registration of military computer software, the following main supporting documents shall be submitted:

(1) Identity certificate of a natural person, legal person or unincorporated organization;

(2) If there is a written contract or project assignment letter for copyright ownership, the contract or project assignment statement should be submitted;

(3) If you develop software based on the original software with the permission of the original software copyright owner, you must submit the permission certificate from the original copyright owner;

(4) If you inherit, transfer or accept software copyright, relevant certificates must be submitted.

Article 11 When registering military computer software copyright, the applicant may apply to seal the source program, documents or samples. No one may unseal it except the applicant or the judicial authority who may unseal it in accordance with relevant regulations.

Article 12 When applying for registration of a military computer software copyright contract, the following materials shall be submitted to the national defense intellectual property management agency:

(1) Military computer software copyright contract registration application form;

(2) Copy of the contract;

(3) Applicant’s identity certificate;

(4) Military computer software copyright contract registration confidentiality certificate form;

(5) Other relevant materials.

Article 13 After receiving the application documents, the national defense intellectual property management agency shall accept the application and notify the applicant in writing if it meets the provisions of these Measures.

Article 14 The national defense intellectual property management agency shall complete the review within 60 days from the date of acceptance, and shall register or handle relevant matters if it meets the provisions of these Measures.

Article 15 An applicant for military computer software copyright registration or contract registration may request to withdraw the application before the registration application is approved.

Article 16 If the national defense intellectual property management agency requires supplements and corrections to application documents, the applicant shall make supplements and corrections within 30 days; failure to make supplements and corrections within the time limit shall be deemed to have withdrawn the application.

Article 17 If any of the following circumstances occurs, registration will be refused and the applicant will be notified in writing:

(1) The application documents are incomplete and irregular, and have not been supplemented or corrected within the specified time limit;

(2) The software programs and documents in the submitted identification materials do not comply with the provisions of the "Computer Software Protection Regulations";

(3) The name of the software and the signature of the right holder appearing in the application documents are inconsistent, and no supporting documents have been submitted;

(4) There is a dispute over the ownership of the software applied for registration;

(5) Others who do not meet the registration conditions.

Article 18 The national defense intellectual property management agency may revoke the registration based on the application of the military computer software copyright registrant or contract registrant.

  The national defense intellectual property management agency may revoke registration based on one of the following circumstances:

(1) The materials submitted by the military computer software copyright registrant or contract registrant are inconsistent with the facts;

(2) The same registrant registers repeatedly for the same military computer software;

(3) Final judicial decision;

(4) Administrative penalty decisions made by the copyright administrative department.

Article 19 If the registrant of military computer software copyright or contract registrant changes or supplements the registered matters, he shall submit the following materials:

(1) Change or supplement application form;

(2) A copy of the registration certificate or certificate;

(3) Materials related to changes or additions.

Article 20 When the classification level, confidentiality period, declassification conditions, etc. of the secret-related matters in the submitted classification certificate change, the military computer software copyright registrant or contract registrant shall apply to change the classification information and submit the application form for change of classification certificate and relevant certified documents.

Article 21 If the registration certificate or certificate is lost or damaged, the military computer software copyright registrant or contract registrant may apply for reissuance or replacement.

Article 22 The national defense intellectual property management agency shall regularly issue military computer software copyright registration notices within the scope of relevant confidential matters.

The content of the notification includes:

(1) Military computer software copyright registration matters;

(2) Military computer software copyright contract registration matters;

(3) Cancellation of military computer software copyright registration or contract registration;

(4) Changes and additions to military computer software copyright registration or contract registration matters;

(5) Matters such as changes in the confidentiality level of military computer software copyright registration or contract registration, decryption, or changes in the confidentiality period;

(6) Other matters.

Article 23 After notification of military computer software copyright registration and military computer software copyright contract registration notification, reviewers may review registration documents other than those specified in Article 11 of these Measures.

The person who consults should be within the scope of knowledge of the confidential matters mentioned in the registration document mentioned in the preceding paragraph, and provide a certificate issued by an agency or unit with corresponding confidentiality authority.

Article 24 The national defense intellectual property management agency is responsible for the custody of registration documents before decryption. After the relevant registration is decrypted, the national defense intellectual property management agency will transfer the registration documents to the China Copyright Protection Center.

Article 25 The registration application shall use the special form formulated by the national defense intellectual property management agency, and shall be stamped (signed) by the applicant.

Documents applying for registration should use international standard A4 type 297mm × 210mm (length × width) paper.

Article 26 Various application documents stipulated in these Measures shall be submitted directly or delivered through confidential communications or other methods that comply with confidentiality regulations, otherwise they will be deemed not to have been submitted.

When submitting relevant application documents, the name of the applicant and the software should be indicated on a separate page. If there is an acceptance number or registration number, the acceptance number or registration number should be indicated.

Article 27 If the application documents are mailed by confidential communication, the date of submission shall be based on the postmark time; if the postmark is unreadable, unless the applicant provides proof, the date of submission shall be based on the date of actual receipt. Documents mailed by the national defense intellectual property management agency through confidential communications will be deemed delivered 30 days from the date of delivery.

Article 28 If the applicant delays the time limit due to force majeure or other legitimate reasons, he may apply for an extension of the time limit within 30 days after the obstacles are removed. Whether or not the time limit is granted shall be decided by the national defense intellectual property management agency.

Article 29 The period specified in these Measures shall be calculated in years, months and days. The day on which the period begins is not included in the period. If the period is calculated in years or months, the corresponding date of the last month shall be the expiration date; if there is no corresponding date in the month, the last day of the month shall be the expiration date. If the last day of the period is a holiday, the first working day after the holiday shall be the expiration date.

Article 30 Other computer software that involves national defense interests and national security and needs to be kept confidential shall be registered with reference to these Measures.

Article 31 For matters not covered in these Measures, the "Computer Software Copyright Registration Measures" shall apply.

Article 32 The National Copyright Administration and the Equipment Development Department of the Central Military Commission are responsible for the interpretation of these Measures.

Article 33 These Measures shall come into effect from the date of issuance.