regulations for the protection of computer software
第一章 总 则
chapter i general provisions
article1. 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 of computer software, and to promote the development of computer applications these regulations are enacted in with the provisions of the ag真人试玩平台 copyright law of the people's republic of china.
article2. for the purposes of these regulations computer software (hereinafter referred to as software) refers to computer programs and documentation.
article3. meanings of the following words used in these regulations are:
(1) computer programs: refers to coded instructional sequences-or those ic instructional sequences or numeric language sequences which can be 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 ations, 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 owners: refers to those units and citizens who, in with these regulations, enjoy the of a computer software.
(5) reproduction: refers to the act of transferring software into a material form.
article4. the provision of protection to computer software, as referred to in these regulations, refers to (the fact that) that computer software holders or transferees enjoy all the rights of stipulated in these regulations.
article5. software which enjoys protection under these regulations must be developed by the developer and must already be in material form.
article6. chinese citizens and units enjoy the under these regulations for software they have developed, of whether it has been published and of where it has been published.
foreigner's software first published in china enjoys the under these regulations.
software published outside of china by foreigners enjoys 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.
article7. 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.
article8. the state council's designated software agency administers the of software throughout the entire country.
chapter ii computer software ag真人试玩平台 copyrights
article9. software holders enjoy the following rights:
(1) right of , 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 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.
article10. the of a software belongs to its developer, where this regulations have stipulations those should be followed.