China has come a long way in IT and software in the last ten years, such that today its a leading developer of many new information technologies. To protect its IP in software, copyright protection for software is critical due to the investment costs preceding all that innovation.

Has your company developed software as core part of your business? If you're tapping into the local market here in China, a local software copyright certificate registration should be secured to protect and prosecute against source code theft.

Why do I need a Software Copyright Certificate?

In China, commercial computer software, games, and mobile applications are registered with a software copyright certificate that shows the person or company's ownership. In China, the "Software Copyright Certificate" (short: SCC) is used to protect the exclusive rights that software developers have under copyright laws. More specifically, it is a hard requirement to launch an app on app stores here in China.

Even if you have a registration or certificate obtained in different countries, you must obtain a separate SCC for each software application. And any software registrations valid in the rest of the world will not be enough for China.

Software Copyright Certificate Benefits

The copyright registration system applied in China is optionally registered in the USA and many other countries. Still, the main difference is that, for example, you can publish a mobile application that you have developed on the iOS or Android market if it meets the basic standards. But when you want to publish it in Chinese app stores, you will be asked for the SCC.

Even if it wasn't a requirement, you'd think about the value of the SCC to help win your case against any unauthorized app copies using the same or similar names. The SCC is presumptive evidence that helps to have them easily removed from the market.

Who Can Apply for a "Software Copyright Certificate" (SCC)?

A business operating in China or a Chinese citizen can apply for a SCC. However, applicants who do not have a registered business in China, namely foreign companies, can also apply for a SCC by having their business license recognized by the Chinese Embassy in their home country. Copyright applications can be made in person or through intermediaries. Persons and companies that will apply through representatives must have given a power of attorney to this representative.

Copyright Protection Center of China "CPCC"

You must obtain a Software Copyright Certificate (SCC) for every mobile application released on the Chinese online market and for every software released to the Chinese software market. The CPCC is the official authority for software copyright certificate registration in China.

Online applications can be made through CPCC's official site http://www.ccopyright.com.cn/. The application can be made by the software owner or an agent that mediates the application.

How to Register SCC

The China Copyright Protection Center is the official agency responsible for software registration in China. Suppose the submitted material form is appropriate in form and content for software copyright registration. In that case, registration will be granted without a detailed examination. Registrars are not interested in details such as the benefits and necessity of the software. If all the information on the registration form is complete, you can generally get a SCC approval.

The following are required for software registration:

1) Basic information about your company:

a) Name and address of the applicant or company. applicant's

 Bibliographic details. Company information (foundation date, a field of activity, business license, etc.)

b) A copy of the owner's identification document, for example, a company's business registration document.

c) If the owner did not develop the software: for example, if there is a transfer or if the software has changed hands by inheritance, Legal documents to prove all of the proper transfer procedures.

2) Software Operation manual

A guide that shows users how to use the software. Noting that every software released in China must have a user manual.

3) Information on the minimum hardware requirements for the software to run and the operating system on which the software runs.

4) Software Source code sample – can be non-critical elements. Typically, a copy is requested, showing the codes in the first 2000 and last 2000 lines of software code.

How to Get Software Copyright Certificate in 5 Steps?

The SCC application process, detailed above, basically takes place in 5 steps.

1. Fill in the application form

2. Submit application documents to CPCC

3. CPCC accepts application

4. Complete the examination process.

5. If the CPCC approves, the SCC is given.

How Long Does the SCC Process Take?

Copyright registration applications will be finalized within 30 days from the date of filing with the CPCC unless your application file is found to be incomplete. If additional information or material is requested during the application process, the deadline may be extended by 30 days. You can plan for the SCC process to take a minimum of 2 weeks and a maximum of 4 weeks.

Long-term, A Local Company or Publishing Partner May Be Better

Most of the app stores operating in China do not accept the operating licenses of foreign companies. Therefore they do not offer the software and applications of these companies for sale in their stores, even if they have SCC. Therefore, foreign companies that want to grow in the Chinese market are advised to establish a local subsidiary in China and obtain SCC through this company or license the software to a local partner who can get it out in the market.

Protecting your brand name and IP is one of the key steps to conduct before entering the Chinese market. 

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