A database (DB) is certain information that is organized in such a way that a computer program can constantly interact with it and process this information. This simplifies many of the company's business processes, allows for systematic work and reporting.
If you have written a database, you automatically own the copyright to it. It is inalienable, that is, no one can deprive you of the right of authorship to the created database. In this case, for better protection it is worth registering the product, which gives the copyright holder significant advantages, although this procedure is not mandatory.
By obtaining a certificate of registration, you confirm the exclusive right to the created database. In case of any disputes about the authorship, this document will be a significant proof in court, and the offender can be held liable for the illegal use of your work. He can be required to pay compensation ranging from 10 000 to 5 million rubles, as well as payment of damages.
You can dispose of your exclusive right at your own discretion, for example, transfer it for temporary use under a license agreement or sell it and get a material benefit. It is worth remembering that the transfer of exclusive rights to the database under the contract or without it is subject to mandatory state registration.
Software and databases are separate objects of copyright, even though the latter cannot function without a computer or an application. They are given separate legal protection by the state. Information about the database is entered in a separate register, and the certificates have a different appearance. Therefore a computer program and a database are registered separately.
The object of registration is a single database, so if you have developed several products, you will need to submit the corresponding number of applications and related documents.
It is necessary to collect the entire package of documents, pay the state registration fee and send the documents to FIPS. It is possible to submit them via the website of Rospatent or Gosuslugi, as well as to send them by mail or submit the documentation directly to the head office of the patent office. If the documents are submitted electronically, they must be secured with a qualified electronic signature. The fee for organizations will be 4,500 roubles, for individuals - 3,000 roubles.
State registration of the database takes 62 working days, but this period may be extended if the applicant needs to send additional materials or make changes to those already filed.
After submitting the documents, they are sent for review by experts. They examine them for compliance with the norms of Russian civil legislation and the regulations of Rospatent. If the review results in a positive decision, the information about the registered object is entered into the corresponding register, the certificate of registration is issued to the applicant, and all information is published in the official bulletin of Rospatent.
The applicant provides:
If the authorship of the database does not belong to one person, but to a group of people, it is necessary to specify the contact information of each person, as well as the percentage of the created work.
The author is directly the developer (creator) of the database. The right holder can be the author himself or a group of authors, or the customer. For example, you have implemented a database under the contract and in the agreement indicated that the exclusive right after the creation of the work is given to your employer. In this case, you remain the author, but the customer owns the exclusive rights and the right to protect the result of intellectual activity.
Information about the author of the database must be included in the application for registration.
If the database contains personal data on individuals, you must provide consent to process the data from them.