A software is protected similarly to literary works, that is, the rights for this software arise upon the fact of its writing. However, the copyright holder may, at their will, register the created software at Rospatent to receive a registration certificate. Such a certificate officially confirms data on the copyright holder, the authors, the date when the application is received and the date of registration. If there is controversy concerned with software creation authorship and primacy, it is the availability of evidence that will serve as additional official evidence.
In addition, there is theUnified Register of Russian Programs for Electronic Computers and Databases formed and maintained by the Ministry of Digital Development, Communications and Mass Media.
Such registration makes sense for a number of reasons:
- Advantage in public procurements: public authorities and companies with state participation are not entitled to buy foreign software if there is a domestic analog in the register.
- Programs from the Register of Russian Software are not subject to VAT, while other companies have to pay 20% VAT from software sales.
- Companies whose software is included in the list of domestic software may receive a state grant for their project development.
Thesoftware is a system of commands and data having an objective form to ensure the functioning of computer devices.
The database is a collection of materials having an objective form and being systematized in such a way that they may be found and processed via a computer.
Software or database registration gives its developer an opportunity not only to acquire copyright protection, but also to receive income from the distribution of this software product and provision of licenses for it.
To obtain a registration certificate from Rospatent, the applicant shall enclose:
- A program text or database contents;
- A visual image of materials;
- Individuals shall indicate their full name, legal entities – personal data, including PSRN;
- A document to confirm payment of a patent fee;
- A power of attorney drawn up on behalf of the applicant for an attorney.
The database registration term is 2 months. As a result, the developer will be assigned the right for naming this software, its distribution and protection. It is also permissible to register applications and software as inventions.
Our main types of services:
- Registering software, databases and topologies of integrated circuits at Rospatent.
- Entering the software into the Unified Register of Russian Programs for Electronic Computers and Databases of the Ministry of Digital Development, Communications and Mass Media
- Registering the alienation of exclusive rights for software, databases, topologies of integrated circuits based on an agreement, registering the transfer of exclusive rights for these objects without an agreement, registering the provision of the right to use topologies of integrated circuits based on license agreements.
- Making changes to the relevant Registers.