Registration of computer programs and databases

Registration of a computer program and database can play a key role in resolving a dispute over authorship of a computer program or database when it is used illegally. The copyright for the program and the database arises from the moment of its creation, and its registration is a certificate of such right. Registration is carried out at the request of the copyright holder in order to facilitate the confirmation of his rights to a computer program or database and to create opportunities for its wider use.

A computer program is a set of data and commands presented in an objective form intended for the operation of a computer and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of a computer program and the audiovisual displays generated by it (Article 1261 of the Civil Code of the Russian Federation ).

The database is a set of independent materials (articles, calculations, regulations, court decisions and other similar materials) presented in an objective form, systematized in such a way that these materials can be found and processed using an electronic computer (computer) (part 2 Article 1260 of the Civil Code of the Russian Federation).

What will registering a computer program or database give you?

• Presumption of Authorship - You will be considered the author until a third party proves otherwise.
• Simplification of the statement on the balance sheet of the organization as an intangible asset.

Stages of state registration of a computer program or database:

• Making an appointment with a client and concluding a service agreement
• Discussion of the work plan and the expected result
• Payment of invoice
• Preparation of the required set of documents
• Coordination and signing of a set of documents by the client
• Submission of documents to FIPS, where the application is assigned a number
• Consideration of the application within two months from the date of receipt for registration, checking the availability of the necessary
• documents and their compliance with the established requirements
• If necessary, correspondence with FIPS experts, answers to inquiries
• Adopting a positive decision * on registration or refusal to register

* With a positive result of consideration of the application:

• A computer program or database is entered into the Register of computer programs or the Register of databases
• The rightholder is notified of official registration and a certificate of official registration is issued
• FIPS publishes information on the official registration of a computer program or database in the official gazette

Documents required for registration of computer programs and databases:

• Registration application with data of the author (s) and copyright holder (s)
• Snippet of source code
• abstract
• Duty payment document

DRAFTING AND SUBMITTING AN APPLICATION FOR A COMPUTER PROGRAM TAKES 10 DAYS - COST 20,000 RUBLES.