Do I enjoy the software copyright on the software developed by our company?

Hello! Shenzhen jiaquan patent and trademark office will answer your questions ~!

Before answering your question, let's know what work is:

Job works refer to works created by citizens to complete the tasks of legal persons or other organizations.

Its characteristics are: the works created should belong to the author's responsibility; The use of a work shall be within the normal work or business scope of the unit to which the author belongs.

So under what circumstances can you enjoy copyright?

In the first case, the copyright of job works belongs to the unit and the author enjoys the right of signature.

In the second case, the copyright belongs to the author and the unit enjoys the priority to use the work.

In addition, according to the second paragraph of Article 16 of the Copyright Law:

That is to say, the parties can agree on the job works whose copyright is enjoyed by legal persons or other organizations through contracts (there are also relevant provisions in the patent law that works can be assigned rights through contracts). In other words, the copyright ownership of job works can be agreed in the form of contracts.