Software Programs and Databases

 

NEVA-PATENT Patent Law Firm provides services for the legal protection of software programs and databases in the Russian Federation.

According to the current legislation, voluntary registration of rights to software programs and databases is available in our country.

By the nature of their origin and legal protection, software programs and databases are considered objects of copyright.

Registration of rights is carried out by the Federal Service for Intellectual Property (ROSPATENT, Moscow). Upon registration, a certificate of protection is issued and an entry is published in the Official Bulletin.

Given the nature of these objects, rights are registered through a simplified (notification) procedure. That is, if the program is properly formatted and the state fee is paid, the program is likely to be registered.

The registration period is set by the agency itself – two months. This period is calculated from the moment the application is received by ROSPATENT. However, it may take longer if, during the formal examination, the experts of the Federal Institute of Industrial Property have questions regarding the correct preparation of documents.

Currently, it is unfortunately not possible to expedite the registration process.

The main regulatory act governing the registration of these objects is the “Administrative Regulation on the Execution by the Federal Service for Intellectual Property, Patents and Trademarks of the State Function of Organizing the Reception of Applications for State Registration of a Computer Program and Applications for State Registration of a Database, Their Review and Issuance of State Registration Certificates of a Computer Program or Database in the Prescribed Manner” (Administrative Regulation).

According to current legislation, the applicant has the right to independently complete all application materials and submit them for registration. The only thing to consider is the strictness of ROSPATENT experts when reviewing the application. During registration, great importance is attached to the correctness of document formatting.

According to the requirements of the Administrative Regulation, the application materials for the registration of a software program or database must include:

• An application for the state registration of a software program or database indicating the rights holder, the author (if they have not waived the right to be identified as such), and the place of residence or registered address of each party.
• Deposited materials identifying the software program or database, including an abstract.
• A document confirming payment of the state fee in the prescribed amount. The applicant must pay the fee personally. Payment by a representative is not permitted. If there are multiple applicants, the fee must be paid by each of them in equal shares, calculated by dividing the total fee amount by the number of applicants.
• Power of attorney.

Service Costs

Type of Service	Service Fee	State Fee Amount
		For Legal Entities	For Individuals
Registration of a Software Program or Database	22,000 RUB	5,000 RUB	5,000 RUB

 

NEVA-PATENT Patent Law Firm has been providing services for the legal protection of software programs and databases since 1999.

We will be glad if our professional knowledge and experience prove useful to you.

 

For reference:

A software program is a set of data and instructions presented in an objective form and intended for the operation of a computer or other computing device in order to achieve a certain result. This includes preparatory materials obtained during the development of the software and any audiovisual displays generated by it (Article 1261 of the Civil Code of the Russian Federation).

A database is a set of independent materials (articles, calculations, legal acts, judicial decisions, and similar content) presented in an objective form and systematically arranged in such a way that these materials can be found and processed using a computer (Part 2, Article 1260 of the Civil Code of the Russian Federation).