Registration of Computer Programs and Databases

Registration of Computer Programs and Databases
Computer programs and databases at the request of the applicant are officially registered in Rospatent with the issuance of the state registration certificate. Rospatent accepts the deposit of the program source code (listed before compiling) and its brief description.
The exclusive right to the program can belong to both the author and other individuals and legal entities.

The owner of an exclusive right is entitled to use the computer program in any way not contradicting the law, may dispose of the program at its discretion and to ban the use of the program by others, and the absence of a ban is not a resolution.
Registration of computer programs is carried out over a period of 2 months from the date of documents filing for registration.
Patent Agency is ready to assist in preparing all documents relating to the registration of the CP in accordance with the requirements of Part 4 of the Civil Code and the “Administrative regulations of the execution by the Federal Service for Intellectual Property, Patents and Trademarks its state function of applications accepting for state registration of computer programs and applications for state registration of database, consideration of application and issuance in accordance with the established procedure of state registration certificates of a computer program or database”.

Frequently asked questions on computer program registration:
1. What is the term of rights to computer program?
In accordance with the Russian Federation Civil Code, the term of the exclusive rights to the CP lasts throughout the life of the author, having survived co-authors and seventy years from January 01 following the year of his/her death. Authorship, author’s name and integrity of the work shall be protected indefinitely.

2. Is the state registration of computer program mandatory?
For the occurrence, implementation, and copyright protection to the CP its registration or compliance with any other formalities are not required. In respect of computer programs and databases it is possible a registration, carried out at the right holder request.

3. Are the alienation (concession) contracts of exclusive rights to the CP and license agreements subject to mandatory state registration?
The alienation contract of rights to the CP requires mandatory registration, if the program was registered. If the program is not registered, then the contract shall not be registered. The license agreement for the CP use does not require official registration. Our agency staff will help you to make all kinds of contracts for the CP and if necessary will register them.

4. Can a foreign right holder singly register computer program in the Russian territory?
Citizens residing outside the Russian Federation and foreign legal entities do business with the federal executive authority on intellectual property through patent attorneys registered in this federal agency, unless an international treaty of the Russian Federation does not provide otherwise. There are several patent attorneys in our agency staff who will help you to register your copyright in the Russian territory.

5. Can I register a Web site as a CP?
You can register your Web site as a CP, if it has the original scripts and subprograms. (Html code shall not be registered)

6. Is the examination (comparison) of claimed program code carried out?
Examination and comparison of the codes with previously registered programs are not carried out, because the registration has declarative nature and only applicant is responsible for information validity.

7. What kind of liability is provided for the violation of the exclusive rights to the CP?
The Criminal Code of the Russian Federation
Article 146. Infringement of Copyright and Related Rights
1. Appropriation of authorship (plagiarism), if this act caused serious damage to the author or other holder - shall be punished by a fine of up to two hundred thousand rubles or the salary or other income of convicted person for the period up to eighteen months, or by compulsory works for a period of one hundred eighty to two hundred forty hours, or arrest for a period of three to six months.
2. Illegal use of copyright objects or related rights, as well as acquisition, storage, transportation of counterfeit copies of works or phonograms for sale, committed on a large scale shall be punished by a fine of up to two hundred thousand rubles or the salary or other income of convicted person for the period up to eighteen months, or by compulsory works for a period of one hundred eighty to two hundred forty hours, or imprisonment for a period of two years.
3. Actions stipulated by part two of this article, if committed:
b) by a group of persons by previous concert or an organized group;
c) on a large scale;
d) by a person using his/her official position, -
shall be punished by imprisonment for up to six years with a fine of up to five hundred thousand rubles or the income for a period of up to three years or without it.
Note. Actions stipulated by this article shall be deemed committed on large scale, if the cost of works or phonograms copies or the value of the rights to the use of copyright objects and related rights exceeds fifty thousand rubles, and on a particularly large scale – if it exceeds two hundred and fifty thousand rubles.

Russian Federation Code of Administrative Offences
Article 7.12. Violation of copyright and related rights, invention and patent rights
1. The import, sale, rent or otherwise unlawful use of works or phonograms copies for the purpose of deriving income in cases where works or phonograms copies are counterfeit in accordance with Russian legislation on copyright and related rights or on works or phonograms copies there is a false information about their manufacturers, the location of their production, and also the holders of copyright and related rights, as well as other violation of copyright and related rights in order to derive income, except as specified in paragraph 2 of Article 14.33 of this Code involve the imposition of an administrative fine on citizens in the amount of from one thousand five hundred to two thousand rubles with confiscation of infringing works or phonograms copies, as well as materials and equipment used for playback, and other instruments of committing an administrative offense; on officials – in the amount of from ten thousand to twenty thousand rubles with confiscation of infringing works or phonograms copies, as well as materials and equipment used for playback, and other instruments of committing an administrative offense;
on legal entities – in the amount of from thirty thousand to forty thousand rubles with confiscation of infringing works or phonograms copies, as well as materials and equipment used for playback, and other instruments of committing an administrative offense.

Russian Federation Civil Code
Civil liability (Articles 12, 1250, 1252, 1253, 1301, 1302 RF Civil Code)
In accordance with the requirements of Article 1250 of Part 1 of the Russian Federation Civil Code intellectual property rights are protected by the means provided by this Code, in consideration of infringed right essence and the consequences of infringing this law.
Article 1252 of Part 1 of the Russian Federation Civil Code specifies that the exclusive intellectual property rights are protected, in particular through the request:
1) for recognition of the right to a person who denies or otherwise do not recognize the right, thus violating the interests of the copyright holder;
2) for the suppression of acts that violate the law or threaten to violate it to a person who commits such acts or makes preparation for them;
3) for payment of damages to a person who unlawfully used the result of intellectual activity or individualization means without an agreement with the right holder (use without an agreement) or otherwise violated holder’s exclusive right and caused him the damage;
4) for the seizure of material object in accordance with paragraph 5 of this article to its manufacturer, importer, custodian, carrier, seller, other distributor, bad faith purchaser;
5) for publishing the court decision on the violation, indicating the real right holder to the exclusive right violator.
Paragraph 3 – compensation payment up to 5 million rubles, instead of indemnity. Liquidation of a legal entity
In Part 4 of the Russian Federation Civil Code the novel appeared, representing an additional form of civil liability: in accordance with Article of 1253 of the Russian Federation Civil Code, if the legal entity repeatedly or gross violates the exclusive rights of intellectual property, the court may, in accordance with Article 61 of paragraph 2 of the Russian Federation Civil Code make a decision on the liquidation of such entity at the prosecutor’s request. If such violations are committed by citizen, his activity as a sole proprietor may be terminated by a decision or court judgment in the manner prescribed by law.

8. What is the definition of a “computer program”?
Computer program is presented in the objective form a set of data and commands designed to operate computers and other computer devices in order to obtain certain result, including the preparatory material obtained during the development of computer program and audiovisual displays generated by it (Article 1261 of the Russian Federation Civil Code).

9. What is the definition of term a "database"?
Database is presented in the objective form a complex of independent materials (articles, accounts, regulations, court decisions and other similar materials), systematized in such way that these materials could have been found and processed by computer (PC). (Article 1260 of the Russian Federation Civil Code)

Russian Federation Civil Code, Part Four, “Chapter 70. Copyright”, Article 1261 and Article 1262, shall govern the relations arising from legal protection and using of computer programs and databases.

Information required for preparing documents for the computer program registration

1. The company’s full name – or the applicant’s full name;

2. The applying company’s registered address or the applicant-individuals’ residential address, his/her telephone number and fax;

3. The address for correspondence;

4. The applying company’s head’s position, surname, first name and patronymic;

5. The computer program authors’:

   • surname, name and patronymic;

   • date of birth;

   • nationality;

   • home address, telephone number.

6. The title of computer program (full and abbreviated title);

7. The previous or an alternative title of computer program;

8. The date of the computer program completion;

9. A brief description of each author’s contribution into the creation of a computer program (specifying which software parts were created by respective authors);

10. Original text (no more than 70 pages);

11. The names of programming languages, operating systems, etc., used to create programs that are necessary for its use or incorporated into it;

12. Abstract that contains no more than 700 symbols – (half-page) and discloses the purpose, application field and functional capabilities of the computer program.

Information required for preparing documents for the database registration

1. The company’s full name – or the applicant’s surname, name and patronymic;

2. The applying company’s legal address or the applicant-individuals’ home address, his/her telephone number and fax;

3. The address for correspondence;

4. The applying company’s head’s position, surname, name and patronymic;

5. The Database authors’:

   • surname, name and patronymic;

   • date of birth;

   • nationality;

   • home address, telephone number.

6. The title of the database (full and abbreviated title);

7. The date of database completion;

8. A brief description of each author’s contribution into the creation of a database (specifying which software parts were created by respective authors);

9. Materials, identifying the database (data presentation tables, communication between the table fields and examples of fields completion) (no more than 50 pages);

10. Abstract that contains no more than 700 symbols – (half-page) and discloses the purpose, application field and functional capabilities of the database.