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      Measures for registration and management of software products
      Release time:2018/6/11 16:41:11      Number of clicks:884

      Chapter I general provisions

      Chapter ii registration and filing of software products

      Chapter iii production of software products

      Chapter iv sales of software products

      Chapter v supervision and administration

      Chapter vi supplementary provisions

      Chapter I general provisions

      Article 1 with a

      In order to enhancing the software products management, promote the development of software industry in our country, in accordance with relevant state laws and regulations and the state council "to encourage the development of software industry and integrated circuit industry a number of policy" (hereinafter referred to as the "industrial policy"), these measures are formulated.

      Article 2:

      These measures shall apply to the operation and management of software products (including domestic software and imported software) within the territory of the People's Republic of China.

      These measures shall not apply to software developed and used by units or individuals themselves or software specially developed for personal use entrusted to others.

      Article 3 the

      Software products "as mentioned in the present measures, it is point to users with computer software, information systems or devices embedded in the software, or in the computer information system integration, application services and other technical services provided by computer software.

      The term "domestic software" as mentioned in these measures refers to software products developed and produced in China;

      The term "imported software" as mentioned in these measures refers to software products developed outside China and produced and operated in various forms in China.

      Article 4.

      The development, production, sales, import and export of software products shall comply with China's relevant laws, regulations and standards. No unit or individual may develop, produce, sell or import or export software products that contain the following contents:

      (1) violating the intellectual property rights of others;

      (2) containing computer viruses;

      (3) may endanger the security of the computer system;

      (4) containing any content prohibited from spreading by the state;

      (5) failing to conform to China's software standards and norms.

      Article 5.

      The ministry of information industry is responsible for the management of software products throughout the country.

      (2) filing of domestic software products registered in provinces, autonomous regions and municipalities directly under the central government;

      (3) to guide, supervise and inspect the management of software products throughout the country;

      (4) authorized software product testing institutions shall conduct conformity testing in accordance with China's software product standard specifications and software product testing standards and specifications.

      (5) to formulate a unified national software product registration number system and a software product registration certificate;

      (6) issue a software product registration notice.

      Article 6.

      The information industry departments of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the administration of software products within their respective administrative areas, and shall examine and approve the registration of domestic software within their respective administrative areas.

      Software enterprise certification authorities authorized by the information industry authorities of provinces, autonomous regions and municipalities directly under the central government shall be responsible for accepting the registration of domestic software within their respective administrative areas.

      Chapter ii registration and filing of software products

      Article 7.

      Software products implement the registration and filing system. Software products that have not been registered, registered or cancelled shall not be operated or sold in China. Domestic software products that comply with the provisions of these measures and have been registered and registered may enjoy the relevant incentive policies as stipulated in the industrial policy.

      Article 8.

      The registration and filing of domestic software products shall be submitted by the development and production unit of the software products, and the following materials shall be submitted:

      (1) application form for registration of software products;

      (2) a copy and a copy of the business license of the enterprise as a legal person;

      (3) sample applications for registration of software products;

      (4) valid proof of intellectual property rights legally owned by the applicant for development within the territory of China;

      (5) inspection certificate materials issued by software testing institutions authorized by the ministry of information industry;

      (6) other materials that need to be issued.

      Article 9.

      Software product registration authorities of provinces, autonomous regions and municipalities shall examine the samples and application materials of domestic software products applying for registration. If found qualified through examination software products by the province, autonomous region or municipality directly under the central government approved by the competent department of information industry, the issue of homebred software product registration number and software product registration certificate, and be submitted to the tax authorities at the same level and the ministry of information industry of electronic information products management department for the record.

      Article 10.

      Software localization products imported software products (including import) the application for registration of the China software industry association will accept, after the examination and approval of the ministry of information industry issued by the software registration number and software product registration certificate.

      Imported software in the territory of China for localization in product development, production, part of its development in China, developed by the copyright owner and the original unit to present documents to prove its development in China, and in accordance with the domestic software product registration and filing required materials submitted, submitted to the examination and approval of the ministry of information industry can enjoy "industrial policy" the regulation about encouraging policies.

      Article 11.

      The registration and filing of imported software products shall be submitted by the entity responsible for import:

      (1) application form for registration of software products;

      (2) photocopy of the business license of the applicant;

      (3) software product samples;

      (4) documents certifying that the software product owner is authorized to operate in China;

      (5) test certificate material results issued by software testing institutions authorized by the ministry of information industry, or other test materials approved by the ministry of information industry;

      (6) other materials required for issuance of software products in conformity with the national software import policies and regulations.

      Article 12.

      The registration and filing of software products shall take effect after they have obtained the registration certificate of software products and have been notified by the ministry of information industry.

      Registration of software products is valid for five years and may be extended upon expiration.

      Chapter iii production of software products

      Article 13.

      The production and production of software products within the territory of China shall comply with the relevant laws of China and the provisions of China's technical standards, norms and these measures.

      Article 14.

      The manufacturer of software products shall meet the following requirements:

      (1) having the qualification of an enterprise as a legal person and its business scope includes the computer software business (including the technical development of software or the production of software products);

      (2) having the conditions and technical strength to produce software;

      (3) having fixed production sites;

      (4) having the means and ability to guarantee the quality of software products.

      Article 15.

      The software products produced by the software product production unit shall be the software produced by the software copyright owned by the entity or licensed by the copyright owner or other right holders.

      Article 16.

      The software production unit shall be responsible for the content inspection of the software it produces.

      Article 17.

      The development and production of software products shall conform to the laws and regulations of the state, and shall conform to the relevant national technical and safety standards.

      Article 18.

      Provide users of software products shall be in its outer packing mark of this software, version number, the name of the software copyright owner, software product registration number, production units (or import entities) and the address, date of production.

      Article 19.

      Provide users with software products (including imported or made in domestic production of foreign software products) shall be equipped with a complete Chinese manual, using manual and other documents, and should be on the product or documentation, or other written form document, indicate the unit to provide technical services, services, content and way.

      Article 20.

      The production and production units of software products including software product carriers (such as optical disks, disk chips, etc.) shall not produce software products that have not been registered or registered.

      Article 21

      No unit or individual may manufacture or produce the software products listed in article 4 of these measures. No pirated software shall be produced and no decryption software shall be developed or produced.

      Chapter iv sales of software products

      Article 22 developers and producers of software products may also directly handle and sell their software products.

      Article 23

      Software product sales, on the basis of the proxy agent (software product sales units) and to be the agent (software product developers and producers), general agent, and between agent shall sign a written contract between the agent. The agency contract shall clearly stipulate the authority, region, time limit, technical service and other necessary contents stipulated by the ministry of information industry.

      Agents should be prominently in its business places suspension agent qualification certificate, which should include the level of agency authority, time limit, and regional agent, agent, etc, and express the content accurately in external publicity, advertising.

      Article 24

      In the form of licensing software products, software products and business operation entity shall sign a written licensing contract with production units, the software business units in the sales of software products, should inform the user to read the license agreement, and require the user to do agree after reading.

      Article 25

      Software products business unit sales of software products shall comply with the provisions of article 21 of these measures, and in the form of a written or document to inform the user to provide technical services of the unit, service content, service means and fees. If the service provider is not otherwise specified, the relevant technical service shall be deemed to be provided by the software product seller. If there is no indication of the amount of additional service charge and service charge, the technical service charge shall be deemed to be included in the price of the software product.

      Article 26

      Any unit and individual shall not sell without registration and filing of software products, and shall not sell software containing contents listed in article 4 of this regulation products, may not sell or provide free pirated software products, decryption software products.

      Article 27 test versions of software products shall be clearly marked and provided free of charge and shall not be sold for profit.

      Chapter v supervision and administration

      Article 28

      The ministry of information industry and relevant departments of the state shall supervise and inspect the development, production, operation, import and export of software products throughout the country.

      The departments in charge of the information industry at various levels shall, together with the relevant local authorities, supervise and inspect the development, production, operation, import and export of software products in the administrative areas.

      Article 29

      Registered software such as that contained in the present measures stipulated in article 4 content or content false registration record filing materials diddle software products, software registration administration departments shall cancel the registration, the registration certificate of the software. The tax incentives already enjoyed shall be recovered, and the departments in charge of the information industry of provinces, autonomous regions and municipalities directly under the central government shall give a warning and publish it.

      The software product is not in conformity with the technical standards, rules and the measures in our country, or there is evidence to prove that it can not meet the requirement of the use and function is not consistent with its nominal or promise of production units, by the province, autonomous region or municipality directly under the central government department of information industry jointly with relevant departments, to punish in accordance with the law.

      Article 30.

      No unit in violation of article 4 of this regulation, article 7, article 20, article 21, the provisions of article 26, article 27, by the competent department of information industry of the province, autonomous region or municipality directly under the given a warning, and be published. Where an act prescribed in the preceding paragraph simultaneously violates other state laws and regulations, the relevant departments shall punish it according to law.

      Chapter vi supplementary provisions

      Article 31

      The measures shall be interpreted by the ministry of information industry.

      Article 32

      These measures shall come into force on the date of promulgation, and the interim measures on software product management promulgated by the former ministry of electronic industry on March 4, 1998 shall be annulled simultaneously.


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