计算机软件保护条例 REGULATIONS FOR THE PROTECTION OF COMPUTER SOFTWARE

国务院令第84号
（Promulgated on June 4， 1991）
时效性：失效　 颁布日期：19910604 　实施日期：19911001 　失效日期：20020101 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 In order to protect the rights and interests of creators of computer software， to adjust the relationships of interest during the development， dissemination and use of computer software， to encourage the development and circulation of computer software， and to promote the development of computer applications these regulations are enacted in accordance with the provisions of the Copyright Law of the People's Republic of China.

　　Article 2 For the purposes of these regulations computer software （hereinafter referred to as software） refers to computer programs and related documentation.

　　Article 3 Meanings of the following words used in these regulations are：

　　（1） Computer programs： refers to coded instructional sequences-or those symbolic instructional sequences or numeric language sequences which can be automatically converted into coded instructional sequences-which are for the purpose of obtaining a certain result and which are operated on information processing equipment such as computers.

　　Computer programs include source code programs and object code programs. The source code text of a piece of software and its object code text should be seen as one work.

　　（2） Documentation： refers to written materials and diagrams， using natural language or formal language， which are used to describe the contents， organization， design， functions and specifications， development circumstances， testing results and method of use of the program， for example： program design explanations， flow charts， user manuals， etc.

　　（3） Software developers： refers to those legal persons or units which are not legal persons （hereinafter referred to as units） who actually organize， undertake the work of development， and provide working conditions to complete the development of software and who take responsibility for the software as well； citizens who rely on their own conditions to complete software and who take responsibility for the software.

　　（4） Software copyright owners： refers to those units and citizens who， in accordance with these regulations， enjoy the copyright of a computer software.

　　（5） Reproduction： refers to the act of transferring software into a material form.

　　Article 4 The provision of protection to computer software， as referred to in these regulations， refers to （the fact that） that computer software copyright holders or transferees enjoy all the rights of copyright stipulated in these regulations.

　　Article 5 Software which enjoys protection under these regulations must be independently developed by the developer and must already be in material form.

　　Article 6 Chinese citizens and units enjoy the copyright under these regulations for software they have developed， regardless of whether it has been published and regardless of where it has been published.

　　Foreigner's software first published in China enjoys the copyright under these regulations.

　　Software published outside of China by foreigners enjoys copyright in China and protection under these regulations according to a bilateral agreement signed between the country to which it belongs and China or according to international convention to which they are both parties.

　　Article 7 The protection provided to software under these regulations cannot be expanded to encompass the ideas， concepts， discoveries， principles， algorithms， processing methods and operations used in the development of computer software.

　　Article 8 The State Council's designated software registration agency administers the registration of software throughout the entire country.

　　Chapter II Computer Software Copyrights

　　Article 9 Software copyright holders enjoy the following rights

：

　　（1） Right of publication， is the right to decide whether the software should b e released to the public；

　　（2） Developer's right of authorship， is the right to indicate the developer's identity and to place his name on the software；

　　（3） The right of use， is the right to use the software by copying， demonstrating， distributing， altering， translating， annotating， etc.， under the precondition of not harming the public interest.

　　（4） The right of licensing use and receiving remuneration， is the right to license others， under provision 3 of this article， to use the entire software or a part of it， and the right to get remuneration for this.

　　（5） The right of transfer， is the right to transfer to others the right of use and right of licensing under provisions 3 and 4 of this article.

　　Article 10 The copyright of a software belongs to its developer， where this regulations have specific stipulations those should be followed.

　　Article 11 Where software is developed jointly by 2 or more units， citizens， except as provided for in a separate agreement， the copyright of the software shall be jointly enjoyed by the developers.

　　Exercise of the copyright co-developers shall be carried out in accordance with any written agreement reached prior to creation of the software. If there is no written agreement， and if the jointly developed software can be used in separate parts， the co-developers can separately enjoy the copyright on the parts they developed， but during the exploitation of the copyright this may not be extended to the copyright of the jointly developed work in its entirety. If the jointly developed software cannot be used in separate parts， the co-developers may exploit the copyright by consensus. If consensus cannot be reached， and in the absence of any unusual reasons， neither party can prevent the other from implementing its exclusive rights， with the exception of the right of transfer to a third party. However， any benefits earned shall be fairly distributed among the co-authors.

　　Article 12 The copyright of software which is commissioned to be developed by another person， shall be governed by any written agreement signed between the person who commissioned the work and the person who undertook the commission； if there is no written agreement or if it is not clearly stipulated in the agreement， the copyright shall be enjoyed by the person undertaking the commission.

　　Article 13 The copyright of software which is developed pursuant to tasks assigned by a legal person's superior organization or government department shall be based on stipulations contained in the project task document or contract； if not clearly stipulated in the project task document or contract， the copyright belongs to the organization to which the task was assigned.

　　With regard to software which possesses major significance for national or public security interests and is developed by organizations within this system or organizations under their jurisdiction， responsible departments of the State Council or the People's Governments of provinces， autonomous regions， or centrally administered cities have the right to permit designated organizations to use the software. The organization using such software will pay a fee according to relevant national regulations.

　　Article 14 If software developed by a citizen while working in an organization is the product of work executed for the organization， is developed in accordance with the clearly stipulated development goals for work in the organization， or is the predictable or natural result of activities involved in the organization's work， then the software's copyright belongs to the organization.

　　If software developed by a citizen is not the result of work executed for the organization， has no direct relationship to the content of the work at the organization in which the developer is engaged， an

d does not use the organization's material technical conditions， the software's copyright belongs to the developer himself.

　　Article 15 The term of protection of software copyright is 25 years， ending on the 31st of December of the twenty- fifth year after the first publication of the software. Prior to the fulfillment of the term of protection， the software copyright holder may apply to the software registration administration organization to extend the protection by 25 years， although the period of protection may not exceed 50 years at the longest.

　　There is no limit on the period of protection of the software developer's right of authorship.

　　Article 16 During term of copyright protection of a given piece of software， the software copyright holder's heir may， in accordance with relevant provisions in the “People's Republic of China Inheritance Law”， inherit the rights in Items 3 and 4 of Article 9 of these regulations.

　　The act of inheritance may not change the term of protection of the rights of the software.

　　Article 17 During the term of copyright protection of a given piece of software， after a change has occurred in the organization which holds the software's copyright， the succeeding organization legally will enjoy all the rights to the software.

　　The occurrence of succession will not change the term of protection of the software's rights.

　　Article 18 During the software copyright's term of protection， the software copyright holder or his transferee may authorize others to implement the right of use Article 9， Item 3， of these regulations. Software copyright holders or their transferees may receive a fee while they are authorizing others to implement the right of use.

　　Authorization to implement a software copyright should be a

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