1、 Notice on Application for Registration of Computer Software Copyright Pledge

The National Copyright Administration is responsible for the registration of copyright pledge rights. The National Copyright Administration designates the China Copyright Protection Center to register copyright pledge rights.

1. Handling department

The Software Copyright Department of the China Copyright Protection Center is responsible for handling the registration of computer software copyright pledge rights.

2. Handling method

The registration of software copyright pledge should be jointly handled by the pledgor and the pledgee. Either the pledgor or the pledgee shall apply for the registration with a power of attorney from the other party and submit the application materials by mail.

Mailing address: Room 302, 3rd Floor, Building A, Tianqiao Art Building, No.1 Tianqiao South Street, Xicheng District, Beijing
Postal Code: 100050

① Software registration consultation hotline

Software registration business consultation: 010-61090099

Progress inquiry: 010-84195634

Certificate inquiry by mail: 010-64097920

Software registration correction query: 010-84195640

② Software file inquiry and certificate replacement consultation hotline
Progress inquiry: 010-68003887-7050

③ Software registration complaints and suggestions rjdj@ccopyright.com

3. Application materials

When applying for registration of software copyright pledge, the parties shall submit the following materials to the registration authority:

(1) Application Form for Copyright Pledge Registration;

(2) Proof of identity of the pledgor and pledgee;

Copies of the identity documents of the pledgor and pledgee should be submitted and stamped with official seals (fresh seals). The types of documents that should be submitted according to the subject category are detailed in the relevant content of the Software Copyright Registration Guide.

(3) Main contract and copyright pledge agreement;

(4) For entrusted agents, submit a power of attorney and identification documents of the trustee;

The power of attorney can be downloaded from the "Related Forms Download" section of this guide.

(5) If the joint copyright is pledged, a written document agreeing to the pledge from the co owners shall be submitted;

(6) If someone is authorized to use the copyright before it is pledged, submit the authorization contract for that copyright;

(7) If the pledged copyright has undergone value evaluation, the pledgee requests value evaluation, or relevant laws and regulations require value evaluation, a valid value evaluation report shall be submitted;

(8) Other materials that need to be submitted.

A power of attorney issued by either the pledgor or the pledgee;

Copy of software copyright registration certificate and stamped with official seal (fresh seal);

Copy of identification documents of the legal representative and contact person of the pledgor and pledgee, stamped with official seal (fresh seal);

The proof document is in a foreign language and a Chinese translation must be submitted at the same time.

4. Processing steps
Submit application materials → Registration agency receives materials → Registration agency accepts → Registration agency reviews → Obtain registration certificate

5. Deadline for processing
The registration authority shall complete the review within 10 working days from the date of acceptance. If it meets the requirements, the registration authority shall register it and issue a "Certificate of Copyright Pledge Registration".

6. Costs
Currently, according to relevant regulations, there is no need to pay registration fees for applying for copyright pledge registration.

7. Situations where the registration authority refuses to register

(1) The pledgor is not the copyright owner;

(2) The contract violates mandatory provisions of laws and regulations;

(3) The protection period of the pledged copyright has expired;

(4) If the debtor's deadline for fulfilling the debt exceeds the copyright protection period;

(5) There is a dispute over ownership of the pledged copyright;

(6) Other items that do not meet the quality requirements.

8. Situations where the registration authority revokes the registration

(1) After registration, it is found that there are situations listed in Article 12 of the Measures for the Registration of Copyright Pledge Rights;

(2) According to the effective ruling or administrative penalty decision that affects the effectiveness of the pledge made by judicial, arbitration or administrative authorities, it should be revoked;

(3) The copyright pledge contract is invalid or revoked;

(4) The applicant provides false documents or uses other means to obtain registration of copyright pledge rights;

(5) Other items that should be revoked.

9. Application for Registration of Pledge Change

For those who apply for registration of changes in pledge rights, they should bring the application form for registration of changes in pledge rights, the change agreement, the original "Certificate of Registration of Copyright Pledge Rights", and other relevant materials to the registration authority to apply for registration of changes in copyright pledge rights. The registration authority shall complete the review within 10 working days from the date of acceptance. If it meets the requirements after examination, the change items shall be registered.

The scope of the application for change may include basic information of the pledgor and pledgee, basic information of copyright, types and amounts of debt secured by the pledge, scope of pledge, and other matters. If there is a change in the content of the pledge registration certificate, the original registration certificate should be returned and a new certificate should be issued by the registration agency.

10. Application for cancellation of pledge registration

When any of the following situations occur, the parties shall apply for cancellation of the pledge registration:

(1) If the pledgor and the pledgee agree to cancel through consultation;

(2) The main contract has been fulfilled;

(3) The realization of the pledge right;

(4) The pledgee waives the pledge right;

(5) Other factors that lead to the extinction of the pledge.

For those who apply to cancel the registration of the pledge right, they shall submit the application for cancellation of registration, the certificate of cancellation of registration, the applicant's identity certificate and other materials, and return the original "Certificate of Copyright Pledge Right Registration". The registration authority shall complete the process within 10 working days from the date of acceptance and issue a notice of cancellation of registration.

2、 Instructions for filling out the registration form for the pledge of computer software copyright

Scope of application of this table

This form is applicable for the parties to the software copyright pledge contract to fill in and use when registering the pledge. This table records the basic information of software copyright pledge registration.

1. Basic information of quality software

When filling in the software name (including full name, abbreviation, version number), development completion date, first publication date, software copyright registration number (change or supplement certificate number) and other information, it should be consistent with the corresponding content in the software copyright registration certificate and software copyright change or supplement notice.

Copyright authorization status: Relevant information on software copyright authorization licenses (including proprietary and non proprietary licenses) for others to use should be filled in. If unauthorized use by others, fill in 'none'.

2. Main contents of the pledge contract

Contract number: The pledge contract number should be filled in.

Contract signing date: The date of signing the pledge contract should be filled in.

Main debt amount: The debt amount in the main debt contract should be filled in.

Pledge guarantee amount: The amount of debt guaranteed by the pledge should be filled in, consistent with the content of the pledge contract.

Main debt performance period: The debt performance period in the main debt contract should be filled in.

Content of pledged copyright: The type and scope of pledged copyright rights as stipulated in the pledge contract should be filled in. The types of pledged copyright rights are divided into full rights and partial rights. If all rights are pledged, please fill in "All rights of computer software copyright and property rights". If you have pledged partial rights, please fill in "Partial Rights of Computer Software Copyright and Property Rights".

Scope of Pledge Guarantee: The scope of pledge guarantee stipulated in the pledge contract should be filled in.

3. Has the copyright undergone asset evaluation

Should the software copyright undergo asset evaluation? If it has been evaluated, please fill in the name of the evaluation unit and the evaluation value.

4. Information of pledgor and pledgee

Please fill in the information of the pledgor and pledgee according to the actual situation.
The categories include enterprise legal person, public institution legal person, government agency legal person, and other organizations. Please select according to the actual situation.

The China Copyright Protection Center has the final right to interpret and modify the instructions for filling out this form

3、 Questions and answers related to the registration of computer software copyright pledge rights

1. Why do copyright pledges need to be registered?

According to the "Registration Measures for Copyright Pledge Rights", copyright pledge rights shall be established from the date of registration. Therefore, the copyright pledge can only be established after registration, and creditors have the priority right to be compensated for the discounted, auctioned, or converted price of the pledged subject matter.

2. How to handle the registration of software copyright pledge?

The registration of software copyright pledge should be jointly handled by the pledgor and the pledgee. Either the pledgor or the pledgee shall apply for the registration with a power of attorney from the other party and submit the application materials by mail.

Mailing address: Room 302, 3rd Floor, Building A, Tianqiao Art Building, No.1 Tianqiao South Street, Xicheng District, Beijing

Postal Code: 100050

3. Where can I download the application form for software copyright pledge?

Log in to the official website of China Copyright Protection Center - [User Guide] - [Registration Guide] - [R31 Computer Software Copyright Pledge Registration Guide] - [Related Form Download]

4. Do I still need to handle inquiry services when applying for software copyright pledge registration?

No need to handle it.

5. What is the cost of applying for copyright pledge registration?

Currently, according to relevant regulations, there is no need to pay registration fees for applying for copyright pledge registration.

6. How to issue the registration certificate for software copyright pledge?

The "Certificate of Copyright Pledge Registration" will be mailed to the dedicated personnel in the power of attorney. If there are special circumstances, please provide a written explanation to the registration agency. If you explicitly require SF Express COD, please mark it with a pencil in the registration application form (SF Express COD).

7. What are the contents generally included in a copyright pledge contract?

(1) Basic information of the pledgor and pledgee (name or title, identification number, address, etc.);

(2) The type and amount of the secured debt;

(3) The deadline for the debtor to fulfill the debt;

(4) The content and protection period of the pledged copyright (involving the name of the work, the content of the pledged copyright, etc.);

(5) The scope and duration of pledge guarantee;

(6) Other matters agreed upon by the parties.

8. What are the basic concepts and meanings involved in the application form for copyright pledge registration?

Content of pledged copyright: refers to the types and scope of property rights in software copyright that can be pledged. According to Article 8 of the Regulations on the Protection of Computer Software, the types of software copyright property rights include: modification right, reproduction right, distribution right, rental right, information network dissemination right, translation right, and other rights that should be enjoyed by the software copyright owner.

Scope of pledged copyright: refers to the limited scope of use of the property rights of pledged copyright.

Scope of Pledge Guarantee: The scope of pledge guarantee includes the principal debt and interest, liquidated damages, compensation for damages, storage fees for pledged property, and costs for realizing the pledge right. If there are other provisions in the pledge contract, they shall be followed.

Main debt performance period: The period agreed upon by the creditor and debtor in the main contract for the debtor to perform the debt.

Source: Official website of China Copyright Protection Center