United States of America
Russian Federation
Copyright and Related Rights
6. Article 1249 (IP/N/1/RUS/O/2 at 369): We are concerned that this may impose a formality. Do rightsholders have to register computer programs or databases for those items to receive protection or need to register "legally-significant actions" regarding computer programs and/or databases? What must be registered under Article 1249?
As defined in paragraph 4 of Article 1259 CC RF for the protection of copyright, the registration of the work or other formalities is not required. With respect to computer programs and databases, registration is possible in accordance with subparagraph 2 of paragraph 4 of Article 1259 and Paragraph 1 of Article 1262 CC RF. Such registration is not right-establishing and is optional. If the rightholder has registered a computer program or a database in the Federal body of executive authority for intellectual property, contracts for the alienation of the exclusive right to a computer program or database as well as passage of the exclusive right to such program or database are subject to registration in the Federal body of executive authority for intellectual property (Paragraph 5 of Article 1262 CCRF) Article 1249 CC RF does not provide any provisions on registration of computer programs or database or connected legally significant actions being obligatory. The article considers fees collected for the taking of legally significant actions connected with state registration of computer programs, databases, contracts for the alienation of the exclusive right to a computer program or database as well as passage of the exclusive right to such program or database (paragraph 1 of Article 1249 CC RF) Unlike other results of intellectual activity or means of individualization, registered in the Federal body of executive authority for intellectual property, fees for which are set by the Government of the Russian Federation, fees connected with computer programs, databases and topology of integrated circuits are established by the legislation of the Russian Federation on taxes and levies. The Tax Code of the Russian Federation establishes a list of legally significant actions for the taking of which state fees shall be collected, their amounts, procedure and times for payment, and also the bases for freeing from payment of the state fees, reduction of their amounts, postponement of payment or return of fees.