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

greed and executed according to China's laws and regulations in the form of a written contract. The authorized person should implement the right of use within the form， conditions， scope， and period of the contract.

　　The period of effectiveness an authorizing contract may not exceed 10 years. When the period is complete， the contract may be extended.

　　The act of authorization cited described above does not alter ownership of software copyright.

　　Article 19 During the software copyright period of protection， those who enjoy the rights of use and license under Article 9， Items 3 and 4， may transfer the rights use and license to other people.

　　Authorization to transfer copyright should be carried out in accordance with laws and regulations of China under a signed and executed written contract.

　　The act of transfer does not alter ownership of software copyright.

　　Article 20 When the term of validity of a software copyright expires， all rights to the software cease， except for the developer's right of authorship.

　　In the event that any circumstances fit either of the following situations， all rights to a given piece of software， except the right of authorship， will enter the public domain prior to the end of the term of protection：

　　（1） The organization holding the software copyright terminates （dissolves） and there is no legal successor；

　　（2） The citizen holding the software copyright dies without a legal heir.

　　Article 21 Those organizations or citizens who legally own reproductions of software have the right， without obtaining consent of the proprietary owner， to：

　　（1） To install and use in a computer according to the needs of use；

　　（2） For the purpose of maintaining files， make a backup copy. However these back-up copies may not be provided to other persons by any means.

　　Once the owners lose the rights legally to own this software， these reference copies must be completely destroyed；

　　（3） In order to carry out necessary revisions for the purpose of using said software in the real computer environment

or improving its performance. However， except in cases where there is additional agreement， （the owner） may not provide to any third party the revised document， without the agreement of the software copyright holder or his legal transferee.

　　Article 22 For the non-commercial purposes of work conducted in classroom education， scientific research， the execution of legal duties by state organs， etc.， a small number of software reproductions may be made， without obtaining the consent of the software copyright owner or his legal transferee， and without giving compensation. However， when used， the name of the software and its developer must be stated， and none of the rights enjoyed by the copyright owners or their transferees under the terms of these regulations shall be violated. After the use of these copies if ended， they should be appropriately managed， taken back， or destroyed. They must not be used for other purposes or given to other persons.

　　Chapter III Computer Software Registration Administration

　　Article 23 Software published after these regulations are promulgated may make application for registration at the copyright registration administration organization. After approval of registration， the Software Registration Administration Organization will issue documents of proof of registration and make public notice （of the registration）。

　　Article 24 Registration of software copyrights with the software registration administration organization in accordance with these regulations is the prerequisite for administrative treatment of rights disputes or of lawsuits.

　　Documents of proof of registration issued by the Software Registration Administration Organization are the initial documents certifying that a software copyright is in effect or is in the process of applying for registration.

　　Article 25 When applying for registration computer software copyright holders must provide：

　　（1） A software copyright registration form filled out in accordance with the regulations；

　　（2） Software identifying material in keeping with the rules.

　　Software copyright holders must pay a registration fee according to the rules.

　　Specific software registration administration methods and fee standards will b e announced by the Software Registration Administration Organization.

　　Article 26 Software copyright may be cancelled in either of the following situations：

　　（1） According to final judicial judgement；

　　（2） When primary information provided during the registration application is acknowledged not to be authentic.

　　Article 27 For any computer software which has already been registered， when activities relating to transfer of software rights occur， the receiver should put on record with the National Software Registration Administration Organization within 3 months of the signing of the contract of transfer， otherwise infringement activities by third parties cannot be contested.

　　Article 28 When a Chinese national software copyright owner licenses or transfers to a foreigner rights to software developed within China's territory， he shall first make a request for approval to the relevant responsible organs of the State Council and also make a report to the Software Registration Administration Organization.

　　Article 29 Other than to carry out registration administration responsibilities， employees who work in software registration and persons who have previously worked in this position， may not， during the period of protection of a software copyright， utilize or reveal to any other person the file material or other relevant information provided at the time of the application for registration.

　　Chapter IV Legal Responsibilities

　　Article 30 Except for the situations described in Articles 21 and 22， in the event of the following infringing activities， according to conditions cessation of the infri

ngement， elimination of the effects， public apology， compensation for losses and other civil responsibilities should be undertaken； moreover， state software copyright executive administration departments may adopt executive punishments such as confiscating unearned illegal income， fines， etc.：

　　（1） Publishing software works without the consent of the software copyright owner；

　　（2） Taking software developed by others and publishing it in one's own name；

　　（3） Taking software developed in cooperation with another person and publishing it as a work completed by oneself alone， without the permission of the cooperating developer；

　　（4） Signing one's name to software developed by another person or altering the signature on software developed by another；

　　（5） Revising， translating， or annotating software without the permission of the software copyright owner or his legal transferee；

　　（6） Copying software， in whole or in part， without the permission of the software copyright owner or his legal transferee；

　　（7） Disseminating or revealing software. to the public without the permission of the software copyright owner or his legal transferee；

　　（8） Effecting the licensing or transfer of software to a third party without the permission of the software copyright owner or his legal transferee.

　　Article 31 Resulting similarities between software developed and software already in existence does not constitute a violation of the copyright of existing software in the following situations：

　　（1） Because it is necessary for the execution of national policies， laws， and rules and regulations；

　　（2） Because it is necessary for the setting of technical standards；

　　（3） Because of the limited categories of forms of expression.

　　Article 32 If a software owner is unaware that or has no reasonable basis to believe that the software infringes on a software product right， the responsibility for the violation shall be borne by the rights violator who provided the software. However， when failure to destroy the infringed software will not adequately protect the rights and interests of the software copyright owner， the owner has a duty to destroy the infringing software， so that losses may be forced back onto the provider of the infringing software.

　　The provider of infringing software cited in the previous provision is a person who knows the software is an infringement and supplies it to others.

　　Article 33 A concerned party who does not carry out his duty or who carries it out not in accordance with prescribed conditions shall bear civil responsibilities according to the General Procedures of the Civil Law.

　　Article 34 Software copyright disputes may be mediated. If mediation fails to produce an agreement， or if it produces agreement which one party fails to honor， a lawsuit may be brought before a People's Court. A concerned party who is unwilling to enter mediation may also bring a lawsuit before a People's Court.

　　Article 35 A software copyright contract dispute may be mediated. It may also be applied for mediation by the state software copyright arbitration organization， on the basis of an arbitration provision in the contract or a written arbitration agreement concluded after the contract.

　　Concerned parties will carry out an arbitration ruling. If one party fails to carry out the arbitration ruling， the other may bring a lawsuit before a People's Court.

　　If the People's Court receiving the application discovers that the arbitration ruling is illegal， it has the power not t

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