Hu Guangdong patent

1. If the employee develops the software personally and the company only provides assistance and cooperation, the copyright of the software shall be enjoyed by the author.

2. The author shall have the right of authorship for the software works developed by employees mainly using the company's material and technical conditions to complete their work tasks, and other works shall be enjoyed by the company. Authors have the right of authorship for software works that are not developed by using the company's material and technical conditions, but the company has the right to give priority to the use within its business scope.

2. Software works developed under the auspices of the company, created on behalf of the company's will and under the responsibility of the company shall enjoy copyright.

copyright law

Article 11 Copyright belongs to the author, except as otherwise provided by this Law.

The citizen who creates a work is the author.

A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author.

If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.

Article 16 A work created by a citizen in order to accomplish the tasks of a legal person or other organization is a job work. Except in the circumstances specified in the second paragraph of this article, the copyright belongs to the author, but the legal person or other organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit.

In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by legal persons or other organizations, which may reward the author:

(1) Engineering design drawings, product design drawings, maps, computer software, etc., which are mainly created by using the material and technical conditions of legal persons or other organizations and are in charge of by legal persons or other organizations;

(2) to hold a position in which a legal person or other organization enjoys copyright as stipulated by laws, administrative regulations or agreed in the contract.