Вопросы и ответы

5. What information is trade secret (know-how)?

Aladina Natalia — Tue, 26 Feb 2013 10:06:57 GMT

It is information of any kind (for example, relating to production, technical, economic, organizational and etc.), including information relating to results of intellectual activity in science and technology, as well as information on how to perform professional activities, which has actual or potential commercial value while remaining unknown to third parties who have no access to such information on a legal basis, and when the owner of such information introduces a commercial secret regime with respect to such information

4. What objects are not protected by copyright?

Aladina Natalia — Tue, 26 Feb 2013 10:05:15 GMT

Copyright shall not apply to ideas, concepts, principles, methods, processes, systems, means and solutions of technical, organizational and other problems, discoveries and facts

3. What is the scope of a copyright?

Aladina Natalia — Tue, 26 Feb 2013 10:04:35 GMT

A copyright applies only to the author’s form of expression of his work. As a general rule, the original content of the work itself is not protected by copyright

2. What is required to obtain a copyright?

Aladina Natalia — Tue, 26 Feb 2013 10:03:50 GMT

In order to obtain a copyright, an author shall create a work of science, literature or art in any tangible medium. No registration of the work or any other formalities are required in order to gain, use or enforce an author’s copyright

1. Which works are protected by copyright?

Aladina Natalia — Tue, 26 Feb 2013 10:03:04 GMT

Works of science, literature and art are copyrightable objects, regardless of their merit and purpose, as well as the means of their expression

6. Do you need to register a computer program’s source code in multiple programming languages?

Aladina Natalia — Tue, 26 Feb 2013 10:02:04 GMT

No, you may register a program in one computer programming language. According to Article 1270 of the Russian Civil Code, translating a computer program from one language to another is considered an infringement of IP rights

5. Paragraph 5 of Article 1350 of the Russian Civil Code states that a computer program cannot be patented. How can we patent it?

Aladina Natalia — Tue, 26 Feb 2013 10:00:48 GMT

According to the law, a computer program is source code text. Accordingly, Article 1350 stipulates that a program’s source code text can not be patented. However, this article does not apply to a program’s algorithms. In this regard, a program’s source code is registered as a copyrightable product and an algorithm is protected by a patent for an invention

4. Is it possible to protect a mobile application for smartphones?

Aladina Natalia — Tue, 26 Feb 2013 09:59:19 GMT

Yes. In legislation terms, smartphone applications are the same as computer programs

3. Is it possible to protect a website’s design?

Aladina Natalia — Tue, 26 Feb 2013 09:58:23 GMT

Yes, this is possible. A website’s design is a copyrightable product. Legal protection thereof is provided from the moment a webpage or individual graphic elements are created

2. Is it permissible to distribute a product that contains open source software?

Aladina Natalia — Tue, 26 Feb 2013 09:57:11 GMT

A program’s distribution is legitimate if the software contains legitimately used open source software that is licensed for sale and commercial use

1. Can computer programs be legally protected in the Russian Federation?

Aladina Natalia — Tue, 26 Feb 2013 09:56:13 GMT

Yes, it is possible. Program algorithms are patentable. Source codes, program contents and databases can be registered as copyrighted products. Like the rest of the world, Russia supports a unified standard with respect to IP protection

8. What are the main advantages of PCT?

Aladina Natalia — Tue, 26 Feb 2013 09:54:46 GMT

The main advantages are:

Information on the possibility of patenting a technical solution which is disclosed in the international application prior to its submission to national patent offices
Significant extension of the allowed term for application submitting to national patent offices as compared to traditional (Paris Convention) and regional procedures

7. What is an international patent application?

Aladina Natalia — Tue, 26 Feb 2013 09:53:23 GMT

An application prepared and submitted under the Patent Cooperation Treaty (PCT) is called an international application

6. Is it possible to submit an application for a patent for an invention or utility model created in the Russian Federation directly to a patent office in a foreign state?

Aladina Natalia — Tue, 26 Feb 2013 08:22:00 GMT

No. An application for a patent for an invention or utility model created in the Russian Federation must first be submitted to Rospatent. Such an application may only be submitted in a foreign state after six months from the date of the respective application to Rospatent, provided that within this period the applicant was not notified by Rospatent that the application was found to have any confidential state information.

5. What is a patent?

Aladina Natalia — Tue, 26 Feb 2013 08:21:00 GMT

A patent is a document certifying a patent-owner’s priority, authorship and exclusive rights to an invention, utility model or industrial design