Registration and judicial protection of
intellectual property
intellectual property
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A computer program is a set of commands and data that are designed to operate a computer and other computer systems to produce a specific result. If you create such a program, an application, or a website, you immediately have a copyright on the result of your intellectual work. However, if someone else wants to use your software, you will have to prove that it was you who wrote the software.
To protect objects of intellectual property, the Civil Code of Russia provides for state registration. This procedure is not compulsory (since the right of authorship arises automatically), but provides certain advantages.
The presence of a certificate, which is issued by Rospatent, guarantees:
After registration, you can dispose of the copyrighted object yourself, namely - to conclude a license agreement or sell it on favorable terms.
In the event of disputes about copyright with third parties, it is they who will have to prove the primacy of the creation of the program, not you. If your exclusive rights are violated, you can claim damages in court and pay compensation ranging from 10,000 rubles to 5 million rubles.
Software is the result of intellectual activity and is the property of the company as an intangible asset. In many corporations the share of intangible assets is 60-90% and their value is sometimes much higher than tangible property. They increase brand recognition, enhance reputation and competitiveness, and are attractive to investors.
The right of authorship under the law is inalienable. The author is the programmer or developer who wrote the program code or created the design. In this case, the copyright holder may be the author or a group of authors, as well as another person to whom the exclusive right has been transferred. The copyright holder of a computer program can dispose of it as the owner, and in case of plagiarism claim protection from the state.
For example, you contractually created a special application for the company for which you work. Therefore, you are the author of this application, but the employer (customer) can get a patent for it, if it is specified in the contract. In this case, the application for a patent must specify the author of the created program. The employer can not claim that it was he who created the application. The conclusion of a contract in this case is very important, since in its absence it will be almost impossible to restrict the author's right to the created application. He will be given the right to use and dispose of the program he created.
You can submit the listed documents directly to the head office of Rospatent or send them by mail. Through the Gosuslugi website or the official website of the office, you can send the entire package of documents, securing it with an electronic signature.
After that, your application is registered, and experts check all submitted documents, their compliance with the law, as well as the payment of state fees. The registration fee for individuals is 3,000 rubles, and for legal entities it is 4,500 rubles.
If the check results in a positive decision, the software is entered in the Registry, a certificate is sent to the applicant and information about the program is published in the Rospatent bulletin.
The standard term for registration of a computer program is 62 days, but it can be extended if the applicant needs to send additional documents or correct any of the submitted ones.
If you want to participate in state tenders and receive financial support from the state, you need to enter information about the software product in the Register of the Ministry of Communications.
The following documents need to be collected:
The preparatory stage includes not only compiling and collecting the above documents, but the copyright holder also needs to create a personal account in the Unified System of Identification and Authentication (USIA) and obtain a qualified electronic signature certificate.
Submitting an application to be included in the Registry of Computer Programs is the next step. It is submitted via an ESIA account, certified by an electronic signature, and contains the following information:
After that, the documents are first checked for compliance with all requirements, and then, in case of a positive result, the program and documentation are checked by an expert council. The information contained in the documents and the application must be confirmed by information from state authorities. If the computer program meets all requirements, information about it is entered into the Registry.
A software product registered in the Register of the Ministry of Communications has an advantage over other developers and their products, including foreign ones, in obtaining tenders and grants from the state.
The state registration of software is quite a complicated procedure, because it is necessary to correctly draw up all the documentation, otherwise there is a great risk of rejection from the Russian PTO, and the state fee is not refunded.
Therefore, if you want to register a program, it is worth turning to professionals for help. Patent attorneys of our company have sufficient experience in patenting IP objects and including the program in the Registry, they will competently prepare an application and prepare a package of documents.
The cost of registration of a software product for a computer is 14900 rubles.
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