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