Advanced Search

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"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Overtaken by Federal Law from 18.12.2006 N 231-F RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation Computer and database " Adopted by the State Duma on 29 November 2002 Approved by the Federation Council on 11 December 2002 href=" ?docbody= &prevDoc= 102079480&backlink=1 & &nd=102018616 " target="contents"> September 23 1992 N 3523-I "On Legal Protection of Software for Electronic Computing Machinery and Databases" (Congress of People's Deputies of the Russian Federation and Supreme Soviet of the Russian Federation, 1992, N 42, sect. 2325) the following changes and additions: 1. In article 1, paragraph 2, the words "exclusive property rights received" shall be replaced by the words "exclusive right to a computer programme or database". 2. In article 2: , paragraph 1, amend to read: " 1. This Law regulates the relations arising from legal protection and the use of computer and database software. "; paragraph 2 is supplemented by the words" in accordance with the Russian Federation Act dated July 9, 1993 N 5351-I " About copyright and related rights "and this Law"; add the following content: " 3. The rules laid down in this Act apply to relations involving foreign nationals, stateless persons and foreign legal entities, in accordance with the international treaty of the Russian Federation or on the basis of the principle of reciprocity. " 3. In article 3, paragraph 2, after the word "author", add "(co-authors)". 4. In Chapter 2, replace "Copyright" with "Copyright". 5. In article 9: in paragraph 4 of the word "author.", replace the word "author"; with the following paragraph: " The right to publish a computer program or a database-that is, the right to publish or allow the publication of a computer or database programme, including the right to withdraw. "........................................ In article 10: , amend the title to read: " Article 10. Exclusive law "; paragraph 2, delete. 7. In article 11: , in the name of the word "property rights" should be replaced by the words "exclusive right"; , in paragraph 1, the words "Property rights" should be replaced with the words "Exceptional law". "may be transferred"; in para 2 replace "Property rights" with the words "Exclusive (property) right", the word "passes" should be replaced by the word "transition". 8. Article 12 should read: " Article 12. Ownership of the exclusive right to program for computer or database 1. An exclusive right to a computer program or database created by an employee (author) in connection with the performance of work duties or on an employer's job is owned by the employer if the contract between him and the employee (the author) is not provided for something else. In the event that the exclusive right to a computer program or database is owned by the employer, the employee (the author) is entitled to remuneration, the manner of payment and the amount of which is established by the contract between the employee (the author) and by an employer. 2. An exclusive right to a computer program or a database created in the performance of work under a state contract for federal state needs or the needs of the constituent entity of the Russian Federation belongs to the contractor (contractor) if The State contract does not establish that this right belongs to the Russian Federation or to the constituent entity of the Russian Federation, on whose behalf the State employer is speaking. 3. In the event that the exclusive right to a computer program or a database is owned in accordance with paragraph 2 of this article not by the Russian Federation or the constituent entity of the Russian Federation, the right holder, at the request of the State employer, To conclude, with the person or persons named, the grant of the right to use a computer program or a database in the manufacture of goods supplied or to perform contract work for federal state needs or needs of the Russian Federation 4. The award to the author of a computer program or a database other than a right holder shall be payable by the person entitled to the exclusive right under paragraph 2 of this article. The payment procedure and the amount of the remuneration are established by the contract between the author and the owner. ". 9. In article 13: , in paragraph 1 of the words "all proprietary rights to a computer programme or database", the words " through application to the Russian computer software, databases and topologies of integrated circuits (hereinafter referred to as "the Agency") "shall be replaced by the words" in the federal executive body on intellectual property, with the exception of computer programs and databases containing state secrets "; in paragraph 6 In paragraph 2, the word "Agency" shall be replaced by the words " the federal executive authority of the intellectual property "; , in paragraph 3, the word" Agency "in the appropriate puddah should be replaced by the words" the federal executive branch of the intellectual property " in the appropriate paedages; paragraphs 4 and 5 The following wording: " 4. The procedure for the official registration of computer applications and databases, the forms of official registration certificates, the list of information contained in them, and the list of information published in the Official Gazette shall be established by the Federal Authority. The executive branch of the Government is intellectual property. 5. Contracts for the full or partial transfer of the exclusive right to computer programmes and databases may be registered by agreement of the parties in the federal executive authority on intellectual property. Information on the change of the rights holder on the basis of a registered contract shall be entered in the Inventory of Software or Database Programs and published in the Official Journal of the Federal Executive on Intellectual Property. " 10. In article 14, paragraph 3, the word "model" should be deleted. 11. In the title and paragraphs 1 and 2 of article 17, replace the words "copyright" with the words "copyright". 12. In article 18: , paragraph 1: paragraph 4 should read as follows: "compensation by a person who has violated the exclusive right to damages in accordance with civil law;"; paragraphs 5 and 6, delete; paragraph 3., shall be deleted. President of the Russian Federation Vladimir Putin Moscow, Kremlin 24 December 2002 N 177-FZ