Foreword:In the current era of rapid development of information technology, many enterprises have "transformation and upgrading" to devote themselves to software development, but the hard-working development of the first app, they have not yet enjoyed the exclusive benefits, they have been "imitated" by peers, what should be done?At this time, we need a very important thing, which is also the key word of our article: soft book!
1. What is a soft copy?
The full name of the soft work is "computer software copyright".refers to the exclusive rights enjoyed by software developers or other right holders of software works in accordance with the provisions of relevant copyright laws, such as the right to publish, the right to identify as developers, the right to use, the right to use and the right to obtain remuneration.
Key points: software copyright is not a patent!Intellectual property rights are divided into patents, copyrights and trademarks, and soft copyrights are only a small category of intellectual property rights, which belong to copyright (i.e., copyright). The difference between soft copyright and patent
Difference 1: The difficulty of applying is different
Software copyright adopts a registration system, and the examination period is very shortBasically, 100% of the applications can be passedand only need a one-time upfront fee. Patents adopt the examination system, and must meet the corresponding examination conditions before they can be allowed to obtain evidence, not only the application requirements are highly technical, but also to meet the novelty, inventiveness, practicability and many other requirements, the application is difficult, and the annual fee needs to be paid every year to maintain in the later stage.
Difference 2: The scope of protection is different
Software copyright only protects the software source**, that is, only the form of expression but not the concept;However, the content of the software flow chart is included in the patent application, and once the right is granted, as long as others adopt the design concept or scheme of the software patent, it may constitute infringement.
Difference 3: The term of protection is different
Software copyright of natural personsThe term of protection is the life of a natural person and 50 years after his death。The term of protection for utility model and design patents is 10 years from the filing date, and for invention patents, it is 20 years.
2. What are the benefits of applying for soft copyright for enterprises?
1. Protection of copyright
Clarify the ownership of rights, as the basis for legal protection, combat piracy, prevent plagiarism, the "Software Copyright Registration Certificate" is the most powerful evidence to prove software rights in the event of a dispute over software copyright.
2. Capital subsidy
Science and technology companies with high-tech talents and soft works can enjoy special subsidies from the state.
3. Tax incentives
After the VAT on software products is levied at a rate of 13%, the actual VAT burden of more than 3% will be refunded immediately.
4. App must be put on the shelves
Most apps are required to submit copyright documents when they are reviewed online in mainstream application marketsIn addition, to apply for qualifications such as ICP and online literature, it is also necessary to have soft works.
5. Prerequisites for the game to be launched
In the game industry, one of the prerequisites for a game to be put on the shelves is also to have software copyright.
6. Invested as a technology contribution
The "Provisions on Several Issues Concerning the Use of High-tech Achievements to Contribute Capital to Shares" stipulates that computer software can be invested as high-tech capital contributions, and the proportion of capital contribution can exceed the 20% limit of the Company Law to 35%, and some localities even stipulate that 100% of the price can be invested in technology after obtaining the registration of soft copyrights.
7. Identification of double-soft enterprises
The soft registration certificate is the basis for the identification of double-soft (software enterprise identification, software product registration) enterprise, and eligible enterprises can enjoy a series of preferential treatment of enterprise income tax "two exemptions and three halves" and value-added tax "immediate collection and refund".
8. High application weights
The soft copyright certificate is a necessary condition for applying for high-tech enterprise qualification, enjoying the tax exemption and exemption of value-added tax and tax incentives for software enterprises, and the application requirements for high-tech enterprises include that the enterprise has 6 soft copyrights or 6 utility model patents.
3. The term of protection of software copyright
Article 14 of the Regulations on the Protection of Computer Software stipulates that software copyright shall arise from the date of completion of software development.
The term of protection of the software copyright of a natural person is the life of the natural person and 50 years after his death, ending on December 31 of the 50th year after the death of the natural personThe software was developed collaboratively as of December 31 of the 50th year after the death of the last deceased natural person.
The term of protection of the software copyright of a legal person or other organization is 50 years, ending on December 31 of the 50th year after the software is first published, but if the software is not published within 50 years from the date of completion of development, these Regulations shall no longer protect it.
In general, the benefits of applying for soft copyright to enterprises are multifaceted, not only the protection of the law and the increase of asset value, but also the ability to greatly improve the image and competitiveness of enterprises, establish technical barriers for enterprises, and be conducive to the development and growth of enterprises. Therefore, enterprises should attach great importance to the management of soft copyright applications in the process of software development to protect their intellectual property rights.