Can the software name of the software copyright be repeated?
Article 2 of the Regulations on the Protection of Computer Software stipulates that the term "computer software" as used in these Regulations refers to computer programs and their related documents.
Article 6 of the Regulations on the Protection of Computer Software stipulates that the protection of software copyright in these Regulations shall not extend to the ideas, processes, operating methods or mathematical concepts used in the development of software.
The development documents, design documents, user manuals, sources, and targets formed after the completion of software development are all within the scope of protection of software copyright, but the software name, idea, and processing process do not belong to the scope of protection.
Therefore, the software name of the software copyright can be the same or similar to the registered software name.
Can the software name of the software copyright applied for by the same company be duplicated?
When the same company or natural person applies for software copyright, if the software has been registered before, and then the same software name is used to apply for the software copyright, this situation belongs to the software version upgrade registration, and the original development registration can not be used at this time, otherwise it is a duplicate registration.
The name of the software is the same but the version number is different.
When submitting the application form for software copyright registration for software version upgrade registration, the description of the software work should be modified instead of original, and the description of the software upgrade function should be submitted at the same time.
Software names should not infringe on the trademark rights of others.
There is a situation that should be paid special attention to, that is, when the software name of another person contains the trademark that has been registered by another person, in order to avoid damaging the trademark right of the other party and causing infringement disputes, the software name should not contain the trademark name of another person.
For example, if we have registered the trademark "AA", then others cannot include the word AA in the name of the software, otherwise it will infringe our trademark right.
Software names infringe on the trademark rights of others, accounting for a high proportion in the field of app software and game software. Since the names of app software and game software are generally short and clear, it is easier to duplicate the software copyright names and trademarks that have been registered by others. Therefore, in the naming of app software and game software, it is recommended to check the duplicate name of the software in advance, and at the same time do a good job in the trademark protection of your own software name.