Russia is one of the few countries where state registration of some objects of copyright is carried out.
Computer software, databases, or integrated circuit topologies are registered in Rospatent through specialized patent attorneys. This is mandatory for foreigners.
The legal protection of computer software or databases in the Russian Federation was first explicitly established by the Law “Concerning the Legal Protection of Computer Software or Databases” in 1992, there computer software and databases were classified as copyright objects. At the same time, special legislation on integrated circuit topologies was enacted. In 2008, the main provisions of these laws were included in the fourth part of the Civil Code of the Russian Federation. A novation of the legislation was the obligation of foreigners to act through patent attorneys when registering the above objects.
The Code explicitly states: “Foreign legal entities or individuals shall carry on business related to the registration of intellectual property objects in Rospatent through patent attorneys who have the appropriate core competencies”.
Registration of computer software (including pages of websites), databases, or integrated circuit topologies is very practical because:
It provides additional proof of the date of development if a dispute arises.
It confirms the authorship by virtue of the regulatory established presumption of authorship of the person indicated on the work’s title page.
It allows you to avoid problems when transporting software across the border.
Information about registered software is published in bulletins and, thus, is communicated to the public.
For investors (including foreign ones), registration is proof of the partners’ earnestness and an additional guarantee that invested funds will be returned.
Documents
According to the Civil Code of the Russian Federation, Part IV, Article 1262, an application to be submitted by applicants for the state registration of computer software or a database must contain::
A statement indicating the copyright holder (applicant), as well as the author, if the author did not refuse to be mentioned as such, and the place of residence or registered address of these persons.
Deposited materials identifying the computer software or database, including the abstract (in two copies).
A document confirming that the state duty is paid.
The power of attorney when the documents are not submitted by the author.
