Computer Software

– Copyright Law, in force since June 1, 1991.
– International Copyright Treaties Implementing Rules, promulgated on September 25, 1992 by the State Council of PRC, and in force since September 30, 1994.
– Decision regarding the Revision of the Copyright Law of PRC of October 27, 2001, in force on the same day.
– Decision regarding the Revision of the Copyright Law of PRC of February 26, 2010, in force since April 1, 2010.
– Regulation on Computer Software Protection, in force since January 1, 2002.
– Decision regarding the Revision of the Copyright Law of PRC of November 11, 2020, in force since June 1, 2021.

Protection

Computer software: “computer software” means any computer programs and relevant documentation. The software developed within the territory of the PRC or by Chinese citizens outside the territory of China may be protected. The software developed by foreigners outside the territory of the PRC may be protected according to the agreement concluded between China and the country to which he belongs or under the international treaty to which both countries are party.

Duration: the term of protection is fifty years after the death of the copyright owner or commencing from the end of the year of their first publication.

Registration: not compulsory.

Protection: rental right and the right to disseminating information on network are also protected in addition to the right of authorship, publication and duplication, etc.

Preliminary injunction: available.

Damages: damages include reasonable expenses the infringed party incurred in stopping the infringement. Statutory damages of RMB 500 to 5,000,000 is available in case the profit of the infringer or loss of the infringed party cannot be determined.