Protection Owner of Program

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Legal protection of such an object as a computer program implies copyright protection, i.e. personal non-property rights and exclusive - property rights. 

The Owner of the Program is a natural or legal person who owns the exclusive right to the Computer Program. 

The exclusive right to the Computer Program, as well as to any copyright object, is valid for the entire life of the author and for seventy years, counting from January 1 of the year following the year of the author's death. 

For the emergence, exercise and protection of copyright and related rights, their registration is not mandatory. Nevertheless, the copyright holder should take care in advance about the presence of evidence of the creation of the result of intellectual activity. 

For example, you can deposit or register your work with the US Library of Congress, register your Computer Program or database with the national patent office, save all agreements on the creation of intellectual property. 

The Rightholder has the right to use the Program at his own discretion, can dispose of the exclusive right to the Program in any way that does not contradict the law and the essence of such right. 

Illegal use of computer programs, software systems, databases are: 

  • Distribution without the permission of the copyright holder of Computer Programs / databases; 

  • Selling computers with pre-installed software without permission to install such software; 

  • Copying computer programs / databases; 

  • Use of the program code without the permission of the copyright holder by end users; 

Importation of counterfeit copies of the program into the country. Offense in the field of exclusive rights to computer programs / software systems / databases are of the following types: 

  • Contractual offenses; 

  • Non-contractual offenses. 

Depending on the type of violation, civil, administrative and criminal liability is provided.

What to do if the owner's rights to the computer program are violated?

If your rights of the owner are violated, first of all, you should try to resolve the conflict peacefully. For example, offer to conclude a license agreement. If it was not possible to reach an agreement, the next ways will be the administrative and criminal form of the settlement of relations.


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