On Introducing Changes And Additions Into The Law Of The Russian Federation "on The Legal Protection Of Computer Programs And Databases"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О правовой охране программ для электронных вычислительных машин и баз данных"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102079480

Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, 2008 the RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "on the legal protection of computer programs and databases" adopted by the State Duma November 29, 2002 year approved by the Federation Council December 11, 2002 year to amend the law of the Russian Federation dated September 23, 1992 N 3523-I "on the legal protection of computer programs and databases" (records of the Congress of people's deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 42, art. 2325) the following amendments and supplements: 1. In article 1, paragraph 2, the words "exclusive property rights" be replaced with the words "received an exclusive right to the computer program or database".
2. In article 2, paragraph 1 shall be amended as follows: "1. this Act regulates the relations arising in connection with legal protection and use of computer programs and databases;
paragraph 2 shall be supplemented with the words "in accordance with the law of the Russian Federation dated July 9, 1993 N 5351-I" on copyright and related rights "and this law";
supplemented by paragraph 3 to read as follows: "3. the rules provided for in this Act shall be applied to relations involving foreign citizens, persons without citizenship and foreign legal entities in accordance with an international agreement of the Russian Federation or on the basis of the principle of reciprocity."
3. paragraph 2 of article 3, after the word "author" to supplement the word "(co-authors).
4. In the title of Chapter 2, the words "Exclusive copyright" should be replaced by the word "Copyright".
5. In article 9: in the fourth paragraph the word "author." should be replaced by the word "author";
supplemented by a paragraph reading as follows: "the right to the disclosure of a computer program or database-that is, the right to disclose or authorize to disclose by publication (publication), a computer program or database, including the right to review.
6. In article 10: the name should read as follows: "article 10. Exclusive right ";
second paragraph should be deleted.
7. In article 11: in the name of the words "property rights" should be replaced by the words "exclusive rights";
in paragraph 1, the words "property rights" should be replaced by the words "sole right", the words "may be transferred to" were replaced by the words "can be transferred";
in paragraph 2, the words "property rights" should be replaced by the words "Sole (property) right", the word "pass" should be replaced by the word "passes".
8. Article 12 shall be amended as follows: "article 12. Membership of the exclusive right to the computer program or data base 1. The exclusive right to the computer program or database, created by an employee (the author) in connection with execution of labour duties or on the instructions of the employer, shall belong to the employer, if the contract between him and the employer (the author) provides otherwise.
If the exclusive right to the computer program or database belongs to the employer, the employee (the author) is entitled to remuneration, payment and amount of which shall be established by agreement between the employee (author) and the employer.
2. The exclusive right to the computer program or database, created by the works of the State contract for Federal State needs or the needs of a constituent entity of the Russian Federation, belongs to the performer (contractor) if the State contract has not been established that this right belongs to the Russian Federation or the subject of the Russian Federation, on behalf of the State employer.
3. If the exclusive right to the computer program or database belongs, in accordance with paragraph 2 of this article, not the Russian Federation or the subject of the Russian Federation, the holder of the demand of the public contracting authority is obliged to enter into a contract with the specified person or individuals gratis treaty rights for the use of the computer program or data base in the manufacture of goods or performing contract work for the Federal Government to the needs or the needs of a constituent entity of the Russian Federation.
4. remuneration to the author of a computer program or database that isn't the copyright holder, is paid to a person who has received the exclusive right in accordance with paragraph 2 of this article. Procedure for the payment and the amount of remuneration shall be established by agreement between the author and the copyright holder. ".
9. Article 13: paragraph 1 the words "all property rights for the computer program or database", delete the words "by filing an application with the Russian Agency for the legal protection of computer programs, databases and topographies of integrated circuits (hereinafter referred to as the Agency)" were replaced by the words "the federal body of executive power in the field of intellectual property, with the exception of computer programs and databases containing information constituting State secret;
in the sixth subparagraph of paragraph 2, the word "agency" shall be replaced with the words "the Federal Executive Body in the field of intellectual property";
in paragraph 3 the word "Agency" in appropriate cases be replaced by the words "the Federal Executive Body in the field of intellectual property" in appropriate cases;
paragraphs 4 and 5 shall be amended as follows:

"4. the procedure of official registration of computer programs and databases, forms, certificates of registration, the list contained therein, as well as a list of information published in the Official Gazette, shall be established by the Federal Executive Body in the field of intellectual property.
5. Agreements on full or partial assignment of exclusive rights to computer programs and databases can be registered by agreement of the parties to the federal body of executive power in the field of intellectual property. For information on changing the copyright holder on the basis of a registered contract shall be entered in the registry of computer programs or databases, Register and published in the Official Gazette of the Federal Executive Body in the field of intellectual property. ".
10. in paragraph 3 of article 14, the word "model" should be deleted.
11. In the name of and paragraphs 1 and 2 of article 17, the words "copyright" was replaced by "copyright".
12. Article 18: in paragraph 1, the fourth paragraph shall be reworded as follows: "reimbursement of the person in breach of the exclusive right, damages under civil law;";
the fifth and sixth paragraphs should be deleted;
paragraph 3 should be deleted.
The President of the Russian Federation v. Putin Kremlin, Moscow, N December 24, 2002 177-FZ