Computer program registration
1. Types
There are four types of computer program registration.
1 Registration of the date of creation
A) It is possible to register the date of creation of the work. Only the author can file an application, which must be filed within six months after the creation.
B) The registered date will then be considered to be the date of creation, which can prove valuable to resolve potential conflicts.
2 Registration of the first date of publication
A) In the case of a published (i.e. disclosed) work, it is possible to register the first date of publication. The related application can be filed by the author or (in the case of a work disclosed anonymously or under a pseudonym) by the publisher of the work.
B) The registered date will then be considered to be the date of creation, which can prove valuable to resolve potential conflicts.
3 Registration of the real name
A) In the case of a work disclosed anonymously or under a pseudonym, it is possible to register the real name of the author. It must be noted that the real name may be registered independently of whether or not the applicant is the owner of the copyright.
B) The person having registered the real name will be considered as the author of the work. If the author is an individual, the term of protection will last for fifty years after his/her death.
4 Copyright registration (copyright assignment and the like)
A) Changes in the ownership of a copyright can be registered. The related application must be filed jointly by the assignee of the copyright owner and by the assignor of the copyright. However, the copyright owner can file the application alone if he/she submits a document proving the consent of the assignor of the copyright.
B) In the case of a transfer of copyright due to an assignment agreement or in the case of an agreement regarding the establishment of a right of pledge over the copyright, registration makes it possible to oppose a third party. Further, registration also allows the protection of the program work as a collateral, thus making it easier to obtain financing.
2. Necessary documents
- Application form ( Sample 1 )
- Specification ( Sample 2 ) ( Program classification table )
- Reproduction of the work of the program (using microfiches)
A list of Japanese companies manufacturing microfiches can be found on the website of the Japan Image Information Management Association (JIIMA) at ( http://www.jiima.or.jp/whatsjiima/microfiche_f.html )
- Power of Attorney
- If the applicant is a legal entity: a Certificate of Representative Authority – for example a written Certificate of Representative Authority or a Certified Extract Copy of the Register (to be submitted within 3 months for domestic applicants, within 6 months for foreign applicants).
3. Fees
- Official fee for registration: 47,100 JPY
- License tax for registration: between 3,000 JPY and 18,000 JPY (depending on the type of registration)
4. Flowchart of the registration process
Computer programs can be registered by following the procedures shown below.
5. Number of applications per year
6. Number of applications by country
