LawState and Law

Is it possible to make a computer program into the register of intellectual property?

In the Russian Federation, computer programs are not patented, as in the US, but are protected as objects of copyright (Article 1259 of the Civil Code of the Russian Federation).

On the one hand, it's good, because The copyright to the program arises from the developer immediately upon the fact of writing the code. To pass a special procedure for registering a computer program in Rospatent, or to perform any other formalities to confirm authorship is not required.

On the other hand, without additional evidence of authorship, a developer may face difficulties if he wants to profit from his development or to protect his work from encroachments.

In the first case, the author needs a documentary confirmation of authorship in order to formalize the contract of transfer of exclusive rights to a third party. The author has the exclusive right to his program, i.e. He can do anything with her, which does not contradict the current legislation: supplement with new modules, copy, distribute and so on. However, if the author wishes to transfer the exclusive right to a third party, then he must first obtain a certificate of registration of the program. Since otherwise there can be controversial situations, for example, with co-authors, who may want to get their share of the sale and be sued.

In court, this testimony will help defend their rights to the program and get rid of the claims of those who were not involved in the development. And also to recover compensation from the defendant for violation of rights (art. 1301 of the Civil Code of the Russian Federation). For example, in the situation of using code in another project.

It is possible to register the registration of the object immediately to a third party, or first to put the program in the register of intellectual property objects under its own name, and then transfer the exclusive right to the new right holder under the contract of transfer of rights.

To register a computer program, it is necessary to file an application with Rospatent during the validity period of the exclusive right to work.

One application is submitted for one program, including:

  • An application for registration with the indication of the right holder, as well as the author, if he has not refused to be mentioned as such, and their location (place of residence);
  • Materials identifying the computer program, including the abstract.

A receipt for payment of the duty is attached to the application.

After the documents are tested for compliance with the requirements provided for in paragraph 2 of article 1262 of the Civil Code of the Russian Federation, the program will be included in the Register of Computer Programs, and the holder of the certificate will be issued a certificate of state registration.

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