Why register a computer program?

    Under Russian law, software rights are protected in the same way as copyrights to works of literature. However, unlike literary works, the state has provided for the computer program an additional remedy - registration with the federal executive authority for intellectual property (Rospatent).

    This is the most obvious and easiest way to protect software rights. But how effective is this method of protection and what are the benefits of registration protection?

    Attention! Article upgrade in connection with a change in the registration procedure from July 18, 2016 here .


    Question AnswerComment / conclusion
    Is registration of the program mandatory for the creation of rights? No (Clause 1, Article 1262 of the Civil Code of the Russian Federation).A certificate of state registration of a computer program is not a title document.
    It is just one of the proofs that the rights belong to a specific person.
    How reliable are the data in the Certificate and in the Register of computer programs? Information entered in the Register of computer programs is considered reliable, since it has not been proved otherwise (Clause 6, Article 1262 of the Civil Code of the Russian Federation).This provision corresponds to the general presumption of authorship - the author is the person indicated as the author on the original or copy of the work, unless otherwise proved (Article 1257 of the Civil Code of the Russian Federation) and, therefore, does not add anything to the defense.
    How are the data indicated in the registration certificate verified?There is only a technical check for the availability of necessary documents and materials, their compliance with the requirements for registration.Thus, the data is not verified substantially .
    Who is responsible for the false information in the certificate?Applicant (Clause 6, Article 1262 of the Civil Code of the Russian Federation).Rospatent is not responsible for the information that he brings to the certificate. He does not even violate the rights of the author if he makes false information, because The Certificate itself is not a non-normative act and in itself cannot be challenged. If the proper author proves his authorship in court, then Rospatent, on the basis of a court decision, will have to amend the Register.
    Does evidence prove the existence of an object of intellectual property?The computer program has general requirements for works. In particular, the program must be created by creative labor. In this sense, an object that is not the result of creativity cannot be called a work or computer program.Without checking the program for the creative component, Rospatent goes in advance to cunning and issues a certificate for any nonsense filed by the application, which may in the end not be a program from the point of view of the law.
    Is the evidence at least confirmation that the program exists and works?Not.Rospatent does not check if the program is working.
    How much is?State duty:
    For organizations - 2600 rubles.
    For an individual - 1700 rubles.
    (Art. 333.30 of the Tax Code)
    Changes from
    1/1/2015 : For organizations - 4,500 rubles.
    For an individual - 3000 rubles.
    And once having registered a computer program, it will be necessary to register agreements on the alienation of the computer program and pay a fee for this.
    What is the point of state registration?This is one of the proofs of your right + deposit of materials.The evidence is ordinary and based only on the opinion of the applicant, which is not supported by either experts or even third parties.
    What is the conclusion? To confirm authorship and the fact of acquiring intellectual property rights in software, and therefore for their subsequent commercialization, it is desirable to additionally provide yourself with more reliable evidence and documents.If you are shown only a certificate and are no longer given any documents in support of your rights, then check such authors and demand additional proof of authorship.

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