【Research Center for the Legal System of Intellectual Property】

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Software Copyright Registration System in China

RA Yu Fenglei

According to the Copyright Protection Center of China, the amount of software registration in China reached 23,095 for the first time. In the first quarter of 2006, the number of registration came to 11,414 pieces and breaking the record. Similarly, legitimate license software market in China increased by 88% from 2005 to 2006. It has grown to a $1.2 billion market and increased by 358% for three years. In addition, the Business Software Alliance (BSA) released the findings of "the fourth annual global PC software piracy study". In 2006, China's piracy rate was 82% with the losses at $5,429 million ( 25%, $1,781 million in Japan). The piracy rate was down 10% over the past three years and it is said that it was able to evade more than $860 million of damage.

The reduction in the piracy rate and the fact that the damage was able to evade are the result of government efforts to increase the use of legitimate software, to facilitate education, or to strengthen monitoring. Developments of legal systems such as laws and regulations including "Regulations on Computer Software Protection" and "Detailed Enforcement Regulation for Computer Software Copyright Registration" have established a strong foundation to protect software copyright.

Copyright registration can streamline the process to prove who the copyright owner is. Also, the cost is 300 Yuan per one case. If the case meets requirements, it will be examined and registered within sixty days（Article 20 of the Detailed Enforcement Regulation for Computer Software Copyright Registration）. Due to such a convenience, many enterprises actively register copyrights. The increasing rate of registration is reflecting the increase of the rate of software protected by IPR in Chinese software industry as well as showing the improvement of legal environment related to copyright in China.

However, in software copyright registration, there is an aspect that an enterprise must provide highly confidential information like source codes. Moreover, it is possible to presume to generate the copyright on the registration date if the software is registered. But it is necessary to note that there would be a high possibility of having a disadvantage for the right holder if the software, which was created before, is not registered until a long time has passed.

In addition, software copyright is different from general copyright in the rule of creativity. Because the content of software is not examined when registering, the registration has not proven that the registered software should have a priority over other software.

At this moment, China emphasizes the development of domestic industries rather than Intellectual Property protection. Although it might bring about the spread of formalism contrary to compliance, there is no doubt that China is moving towards a healthier IP system.

* Reference data：
The Software Information Center(SIC) is designated to perform copyright registration of computer programs by the director general of the Agency for Cultural Affairs According to the SIC, the number of registration in Japan is: 330 Cases in 2004, 489 Cases in 2005, 336 Cases in 2006, and 193 Cases in the first half of 2007. The total registration number is 10,373 cases since the system started at the beginning of 1987.