Computer program registration in Russia
Registration of a computer program in Russia is a process that allows you to protect your copyright in software. It can be a computer game, an application, an operating system and any other type of software.
Here are the basic steps to register a computer program:
1. Preparation of materials. You must prepare the materials that will be submitted with the application for registration. The materials should include a description of the program, source code, and other documents proving authorship.
2. Submission of the application. The prepared materials should be submitted to the Federal Institute of Industrial Property (FIPS), which is a subdivision of Rospatent. The application may be filed in person, through a representative or by mail. It is also possible to file via Rospatent's electronic service, in which case the fees will be 30% lower.
3. examination of the application. After the application is filed, the FIPS conducts an examination for compliance with the requirements of the legislation. If the application meets all the requirements, it is accepted for consideration. Otherwise, the applicant is sent a request to amend the application. The examination of an application may take several months. As a rule, the process takes no more than 2 months.
4. Decision on registration. After the expiration of the period for sending objections, the FIPS makes a decision on registration of the computer program or refusal to register it. The decision is sent to the applicant in writing. When the decision on registration is made, FIPS enters the computer program into the State Register of Computer Programs of the Russian Federation. The applicant receives a certificate of registration of the program.
5. Entry of the program into the Register. If the decision is positive, the computer program is entered into the State Register of Computer Programs and Databases of the Russian Federation. The applicant receives a certificate of state registration of the computer program.
Actual problems in registering a computer program may include:
- Denial of registration due to similarity with already registered programs. This is one of the most common reasons for denial of registration. To avoid this problem, it is necessary to conduct a thorough search for similar programs before filing an application (Article 1259 of the Civil Code of the Russian Federation).
- Incorrect definition of the program class. If the program class is defined incorrectly, it may lead to refusal in registration or restriction of rights to the program (Articles 1261 and 1262 of the Civil Code of the Russian Federation).
- Errors in execution of documents. Incorrectly executed documents may cause refusal to consider an application or delay in the registration process (Article 1374 of the Civil Code of the Russian Federation).
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