Projects of official documents, symbols and signs, Computer programs - Copyright

Projects of official documents, symbols and signs

In accordance with Art. 1264 of the US Civil Code works may also include drafts of official documents, symbols and signs. The right of authorship to draft an official document, including the draft of the official translation of such a document, as well as the draft of an official symbol or sign belongs to the person who created the corresponding project (developer).

The developer of the project of an official document, symbol or sign is entitled to publish such a project, unless prohibited by the state body, local government of the municipality or international organization for which the project was designed. When publishing a project, the developer has the right to indicate his/her name.

The draft of an official document, symbol or mark can be used by a state body, local government or an international organization to prepare the relevant official document, develop a symbol or sign without the consent of the developer if the project is made public by the developer for use by that body or organization or sent by the developer to the appropriate body or organization.

After the official acceptance for consideration of the project by a government body, local government or an international organization, the project can be used without specifying the developer's name.

The author of a work recognized as an official document loses not only the exclusive right, but also personal non-property rights to such a work.

We should pay attention to the fact that such documents can be developed on the basis of the employer's job description and be local regulatory legal acts. But in connection with the fact that enterprises, institutions and organizations are not state bodies, as well as local self-government bodies, they are not subject to the above-mentioned norms of Art. 1264 of the Civil Code of the United States.

Computer programs

Computer programs are protected as literary works. The copyright to all types of computer programs (including operating systems and software packages) that can be expressed in any language and in any form, including source code and object code, is protected in the same way as copyrights for works of literature.

Computer program is a set of data and commands designed for the functioning of computers and other computer devices presented in an objective form in order to obtain a certain result, including preparatory materials obtained in the development of the computer program, and the audiovisual mappings generated by it (Article 1261 of the Civil Code of the Russian Federation).

In accordance with Art. 1262 of the US Civil Code, during the period of validity of the exclusive right to a computer program or to a database, it is at its own discretion to register such a program or such a database with the federal executive authority on intellectual property.

Computer programs and databases containing information constituting state secrets are not subject to state registration.

The application for state registration of a computer program or database (application for registration) should contain:

- an application for the state registration of the program of the computer day or database with the indication of the rightholder, as well as the author, if he did not refuse to be mentioned as such, and the place of residence or location of each of them;

- deposited materials identifying a computer program or database, including an abstract;

- a document confirming the payment of the state fee in the established amount or the existence of grounds for exemption from payment of state duty, or to reduce its size, or to postpone its payment.

The rules for filing an application for registration are established by the federal executive body that implements legal regulation in the field of intellectual property (Figure 2.5). If the application complies with the requirements provided for by law, the said federal body shall make a computer program or database, respectively, in the Register of Computer Programs and in the Register of Databases, issue to the applicant a certificate of state registration and publish information on the registered computer program or database in the official the bulletin of this body.

The applicant is responsible for the accuracy of the information provided for state registration.

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