Software copyright

In an age of swift technological advancement, registering copyright for a computer program or software is an important step in protecting intellectual property rights in the product and ensuring its commercial success.

Current CIS legislation expressly includes computer programs among protected works. Copyright in software is protected as a literary work. Protection of computer programs extends to all types of computer programs, including operating systems, regardless of the language and form in which they are expressed, including source code and object code.

A computer program is a set of instructions in the form of words, numbers, codes, diagrams, symbols, or any other form, expressed in a format suitable for reading by a computer (desktop computer, laptop, smartphone, game console, smart TV, etc.), which enables it to achieve a certain goal or result, including an operating system or application program expressed in source or object code.

Copyright in a computer program arises automatically from the moment of its creation and does not require mandatory registration. However, copyright registration provides the developer with several advantages, such as official confirmation of ownership, simplified proof of rights in the event of disputes, and easier commercialization.

Protection of a computer program extends to programs expressed in source or object code, provided that they are original.

Protection is granted to the form of expression of a computer program. A graphical user interface, a set of functions to be performed, and the format of data files used in a computer program to operate its functions are not considered forms of expression of a computer program.

The ideas and principles on which any element of a computer program is based, including those underlying its interface, logic diagrams, algorithms, and programming languages, are not protected by copyright.

For filing an application for the deposit of software copyright, the following information and documents are usually required:

• The name of the program; information about the author and the owner of the economic rights in the work, if those rights do not belong to the author; the scope of the work; and other essential information.
• The source code of the program, or part of it, recorded on an electronic storage medium.
• A description of the program containing information about its functionality, purpose, operating algorithms, and other important aspects.
• A document evidencing the fact and date of publication of the software, if publication has taken place.
• If the software was created by an employee or under a contract, documents confirming the transfer of economic rights to the employer, such as an employment contract, assignment agreement, etc.
• A signed power of attorney, if the documents are submitted by a representative.
• A document confirming payment of the required fee.

The protection period lasts for the author’s lifetime and for 70 years after the author’s death.

We would also like to note that the computer program may, in certain cases, be protected as an invention under patent law.

IPR GROUP attorneys have extensive experience handling copyright registration across the CIS region and would be pleased to assist clients in securing their rights by developing a tailored strategy for each case.