Wednesday, 20 August 2014

[Jian Xu] Four suggestions to keep your software code safe when recording software copyright in China

More and more overseas IT companies are now applying to record its software copyright in China, but worry about the security and confidentiality about the deposition of software codes with China Copyright Office. It is always desirable to keep your source code as confidential as possible, so consider:
  1. exceptional deposition;
  2. the source code pages containing as little important code and information as possible;
  3. applying for "sealing up" of the source code and documentation so that only the applicant company and judicial departments are permitted to open the sealed material (we'd be pleased to look at any additional costs of this); and
  4. inserting some specific identification (e.g. a name, trade mark or even slogan) of the applicant into the source code, if possible within the first 10-30 pages of the source code, unique to the software program (e.g. the name of the software, version and the programmer(s) involved).  China Copyright Law clearly provides that, where there is no evidence to the contrary, the citizen, legal entity or organisation whose name is shown on a work shall be deemed to be the author of the work.

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