Regulation on software copyright applications becomes stricter: China Copyright Protection Center initiates measures to address abnormal registrations

2026-03-02
On February 14th, the China Copyright Protection Center organized a special meeting to study and deploy comprehensive measures for addressing abnormal software copyright registration applications. This move is aimed at implementing the "Opinions on Accelerating the High-Quality Development of the Copyright Cause" issued by the National Copyright Administration, and marks the official launch of the "Abnormal Application"专项整治 campaign in the field of software copyright registration. 
This is another step in the further standardization of the intellectual property review and registration mechanism in the field of copyright, following the trademark and patent fields.
 
1. What is software copyright registration?
Software copyright registration refers to the legal act where the software developer or other rights holders submit an application to the registration authority, requesting the confirmation and registration of their developed computer software (including computer programs and their documentation). 
It is necessary to clarify that in China, the software copyright adopts a "voluntary registration system". According to the basic principles of copyright law, copyright automatically arises upon the completion of the creation of the work. Registration is not a prerequisite for obtaining the rights. However, the registration certificate holds significant value in legal practice: 
Initial proof of rights: In infringement disputes, the registration certificate can serve as valid preliminary evidence for determining the ownership of rights. 
Administrative protection basis: It is one of the prerequisite conditions for filing a complaint with the copyright administrative management authority. 
Policy benefits basis: These are required for high-tech enterprise recognition, software enterprise assessment, dual-software certification, project application, etc. 
Business application certificates: Required in various scenarios such as software product listing, bidding and tendering, and investment and financing assessment. 

II. Possible Motivations for Initiating Unconventional Governance
The implementation of this governance work may be based on the following practical considerations: 
Firstly, there is room for improvement in the current review mechanism. Currently, software copyright registration is conducted through a form-based review, where the main focus is on verifying the completeness and format compliance of the application documents, rather than conducting in-depth verification of substantive aspects such as "whether the software actually exists" and "whether the applicant is the actual developer". Although this system design has enhanced registration efficiency, it also provides a possibility for false applications. 


Secondly, the phenomenon of abnormal applications is spreading. In practice, there have been cases where individuals exploit loopholes in the system to obtain registration certificates. For instance, they create "paper software" with no substantive functionality by piecing together code snippets, generate homogeneous software in batches using technical means, and fabricate the development process to obtain the registration certificates. These certificates are mainly used to obtain policy benefits such as high-tech recognition and tax incentives, which deviates from the original intention of copyright protection. 



III. Key Points for Enterprise Compliance
In response to the adjustments in the registration review policies, relevant enterprises are advised to pay attention to the following matters:
(1) Ensure the authenticity of the application materials 
It is necessary to avoid submitting applications in an improper way such as "patching code" or "fabricating documents". Once it is determined that the application is abnormal, not only will this application be rejected, but it may also be included in the abnormal list, which will affect the processing of all subsequent intellectual property-related businesses. It is recommended to register based on actual research and development results. 


(2) Accurately define the registration subject matter 
It is necessary to clearly define that the objects protected by software copyright are computer programs and their documentation. For example: character images and scene pictures belong to the category of artistic works and should not be registered as software; mathematical algorithms themselves are not protected by copyright law, but the implementation of algorithms expressed in programming languages can be registered as software. 


(3) Improve the proof of rights ownership 
The proof materials regarding the ownership of rights should be properly kept: for commissioned development, the commission contract must be submitted; for cooperative development, the cooperation agreement should be provided; for job-related development, relevant documents such as the task statement should be preserved. The completeness of the rights chain is an important consideration factor in the review of registration applications. 


(4) Carefully select the agency services 
One should be cautious about the promises made by agencies such as "zero-code pass rate" and "100% certificate issuance". Such operational methods often hover on the edge of compliance. It is recommended to choose professional service providers that can offer genuine software delivery and standardized processes. 

The progress of this governance work reflects the policy trend in the field of intellectual property that is shifting from a "quantity-oriented" approach to a "quality-oriented" one. For enterprises, establishing a software copyright management system based on genuine innovation is not only an inevitable choice to cope with increasingly strict regulations, but also an inherent requirement for achieving high-quality development. 
If your enterprise has the need for software copyright registration services, please feel free to call the ZYIP hotline at 0755-82094518 or enter the official account and click "Contact - Online Customer Service" to get in touch with us. Our professional team will provide you with comprehensive, professional and efficient services.
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