Copyright in all types of computer programs (including operating systems and program combinations), which may be expressed in any language and in any form, including source code and object code shall be protected in the same way as copyright in literary works. A computer program is a totality of data and commands presented in an objective form and meant for the functioning of a computer or of other computer facilities for the purpose of obtaining a specific result, including preparatory materials obtained in the course of development of a computer program and audiovisual representations generated by it (art. 1261 of the Russian Civil Code).
The structure of Intellectual property law is well known and understood. But the application works at the very cutting edge of the technology, ideas and inventions it seeks to regulate. No area embodies this more than Information technology. The creation of personal computers, only 50 years ago, was revolutionary, now they are ubiquitous.
Things have moved on significantly since the first days of Pacman and Tetris. Today the computer software industry is gigantic, employing millions of people and generating large revenues across the world. It is big business. This along with the speed and power of advancement in this field make it a unique area of IP law deemed worthy of an additional layer of protection on top of that afforded by basic copyright law.
It has also become critical to how our society functions, with even mundane products requiring software to make them ‘smarter.’For this reason it is a target for unscrupulous individuals who seek to exploit it.
Computer software assumes the same status as all other created literary works under Russian Federation law. It does not require compulsory registration; the act of creation asserts a copyright for the author. However, the Russian Federal Service for Intellectual Property allows rights owners the opportunity to register computer software as well as databases and integrated circuit topographies also known as ‘mask work’. These hold similar powers to industrial design rights which might be registered under a patent.
Where computer software differs from so many other IP rights is its accessibility, especially given the prevalence of the internet, the software can be transferred or ‘bought’ in seconds. Given the internet’s propensity for anonymity and lawlessness is gives the great opportunity for piracy and infringement. It is one of the outstanding issues today in copyright law. Using Rospatent for registration of this software makes the rights owner very clear. It will also make you much more agile in dealing with potential infringement and the ability to dispense your rights as they wish. The market would appear to agree as the number of programmes registered has increased on average by 20% a year in recent times.
We are available to help you through the registration process as quickly and easily as possible. We have a wealth of experience in this area and will ensure can ensure that the grounds for registration are correct and your fillings are fully prepared to ensure your property enjoys the safest protection.
If you are the economic rights owner, but your employee is the author, this also ensures clarity regarding possible conflicts over authorship rights. It will also allow you to license, franchise or assign these rights with simplicity and surety. At Prof-patent, we have great experience in drafting and executing such agreements. From an international trade perspective, it will also make it much harder for counterfeiters to import across border agencies without avoiding detection. It will strengthen your position in court if legal arbitration is required. We can deal with all these aspects of software registration on your behalf; don’t take a risk with such a valuable commodity.
As mentioned earlier, Topographies and databases also enjoy additional protection via registration. Topographies specifically regarding integrated circuits are regarded as copyright due to their extremely lucrative and technological advantage. Registration must be carried out with all complete topographies to create one complete integrated circuit. This effectively is a design map for the technology which is more commonly known as a chip or microchip.
Along with databases and software, these three aspects form an integral part of electronic technologies. We can advise you on enforcement and protection of said rights whilst enabling you to exploit and distribute them, especially regarding their use in so-called ‘cloud-based’ applications such as e-commerce and social media, where your property is potentially exposed to the greater threat of infringement. Our experience of judicial proceedings in this matter can provide you with assurance that we will recover any potential loss.
Copyrights to all kinds of computer programs (including operating systems and software suites), which may be expressed in any language and in any form, including the source code and object code, are protected in the same way as copyrights to works of literature. A computer program is an objectively represented set of data and commands designed for the operation of computers and other computer devices to produce a certain result, including preparatory materials obtained during the development of a computer program and audiovisual displays generated by it.— Civil Code of the Russian Federation Article 1261. Computer Programs
The services we provide in Russia and abroad:
Checking the availability of the basis for the rights to a computer program;
Prof-Patent offers a wide range of services for software and database licensing in Russia and abroad.
|State fee for state registration of computer program||3 000 RUB|
|Patent attorney's fee for state registration of computer program||14 200 RUB|
|ИТОГО за работы и гос пошлины||17 200 RUB.|
* Paid in 5-7 days based on the results of the search
** Payable in approximately 6-12 months after a positive decision on registration
*** Fees include a 30% discount for the executor
"From the applicant information of the applicant (right holder) - it can be details of legal entity, individual entrepreneur or passport data of an individual), notarial power of attorney from the applicant (sample will be sent together with the package of contract documents), passport data of the authors (programmers), program code, technical information (brief description of functionality within 900 characters, program volume, programming language, execution environment - requirements for hardware and software), contact person.
The price includes the preparation and sending of motivated responses to the requests and notifications of the Patent Office (Rospatent)".
Civil Code of the Russian Federation Article 1261. Computer Programs
The topology of an integrated circuit is a spatial and geometric arrangement of a set of elements of an integrated circuit and the links between them, recorded on a material carrier. In this case, an integrated circuit is a microelectronic product of final or intermediate form, which is designed to perform the functions of an electronic circuit, whose elements and connections are inseparably formed in the volume and (or) on the surface of the material on the basis of which such a product is made.— Civil Code of the Russian Federation Article 1448. Topology of an integrated circuit
The services we provide:
Verification of the originality of the topology of an integrated circuit;
Prof-Patent offers a wide range of services for the registration of integrated circuit topology in Russia and abroad.