Software acquires the regime of legal protection directly from the moment of creation of this object of intellectual labor. To simplify the procedure for disposition of exclusive rights or protection against unauthorized use, the right holder may patent (or rather register) a computer program or database. This procedure will take place at the federal agency - Rospatent.
The protection of the rights of the software product follows the same rules that are regulated for works of literature. This means that:
The developer or author can register the rights not only to the product for later commercial use, but also to free or shareware.
The object of copyright for software tools and products may be:
For example, the copyright can be set on the operating system, on the game, or with respect to individual elements - the graphical interface of the program or the system of navigation on the program menu.
The registration is done by application procedure. The right holder has to send the application to the service of Rospatent, attaching the deposited materials and the abstract. The deposited materials allow to identify the unique program among many similar objects, and the abstract contains a brief description of the functional and system characteristics. At registration it is necessary to present the payment order on payment of the state duty - 3000 rubles. (for citizens) or 4500 rubles. (for enterprises).
Regardless of the registration confirmation of rights, they can be disposed of in the following ways:
Violation of the rights of the legal owner of the specified object can be expressed in the unauthorized use for own purposes or for commercial distribution of a counterfeit product without the consent of the right holder. If there is a license agreement, the violation may consist of the following:
To protect the rights to the result of intellectual work, the law gives the possibility to demand from the infringer a complete and immediate ban on the use or distribution of another's object. Even if this requirement is fulfilled, the right holder can claim damages or compensation.
The losses to go to court must be calculated by the rights holder himself - they include actual damages and lost profits. The simplest option is to claim compensation because it is only necessary to prove the fact of infringement and, in some cases, the number of counterfeited copies of the product. Rules for calculating the amount of compensation are fixed in article 1301 of the Civil Code of the Russian Federation and are defined as follows:
It is advisable to register and protect the rights to computer programs through professional specialists - patent attorneys. In this case, you will be able to correctly fill in all necessary documents, pass the registration procedure without any claims from the service of Rospatent, to achieve protection of rights in court.
The specialists of our patent office offer services for confirmation of rights to software products for the computer, their registration and subsequent protection. The services include:
Our specialists are experienced in protecting the interests of authors and right holders and will take care of all the formalities. To find out the cost of our services and other terms of cooperation, please call the numbers listed on the site or fill in the feedback form.