On the legal protection of computer programs and databases. [2/2]

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Article 12. Property rights to a computer program or
database created in the performance of official
responsibilities
1. Property rights to a computer program or database created in the performance of official duties
or on the instructions of the employer belong to the employer, unless otherwise provided in the
agreement between him and the author.
2. The procedure for payment and the amount of remuneration
are established agreement between the author and the employer.

> Article 13. Right to registration

1. The copyright holder of all property rights to a computer program or database directly or through his
representative during the term of copyright may
optional, register a computer program or database by submitting an application to the Russian Agency for the Legal
Protection of Computer Programs, Databases and Topologies integrated
chips (hereinafter - the Agency).
2. Applications for official registration of a computer program
or database (hereinafter - application for registration) must
relate to one computer program or one database.
Application for registration must contain:
application for official registration of a computer program
or databasedata indicating the copyright holder, as well as the author
if he has not refused to be mentioned as such, and
their location (residence);
deposited materials identifying a
computer program or database, including an abstract;
a document confirming payment of the registration fee in the
established amount or grounds for exemption from
payment of the registration fee, as well as for reducing its
size.
The rules for completing an application for registration are determined
by the Agency.
3. After receiving the application for registration, the Agency
checks the availability of the necessary documents and their compliance
with the requirements set forth in paragraph 2 of this article. If the verification result is positive, the Agency enters the computer program or database, respectively, into the Register of Computer Programs or the Register of Databases, issues the applicant a certificate of official registration and publishes information about registered computer programs and databases in the official bulletin of the Agency. At the request of the Agency or on its own initiative, the applicant has the right to publication of information in the official
bulletin, supplement, clarify and correct application materials.
4. Procedure for official registration, forms of certificate
of official registration,The composition of the data indicated in them
is established by the Agency. The Agency also determines
a list of information published in the official bulletin.
5. An agreement on the complete assignment of all property rights to a
registered computer program or database is subject to
registration with the Agency.
Agreements on the transfer of property rights to a
computer program or database can be registered with the Agency
by agreement of the parties.
6. Information included in The register of computer programs or the
Register of databases are considered reliable until the contrary is
proven.
The applicant is responsible for the accuracy of the specified information.
7. For the implementation of actions related to the official
registration of computer programs and databases, contracts, and
publication of information, registration fees are charged.
Amounts, deadlines for payment of registration fees fees, as well as
the grounds for exemption from their payment or reduction of their
sizes are established by the Government of the Russian Federation.

Chapter 3. USE OF COMPUTER PROGRAMS AND DATABASES

Article 14. Use of computer programs or databases
under an agreement with the copyright holder
1. Use of computer programs and databases third parties (users) is carried out on the basis of an agreement
with the copyright holder,except for the cases specified in
Article 16 of this Law.

> 2. An agreement for the use of a computer program or a database
> is concluded in writing.
> 3. When selling and providing mass users
> with access to computer programs and databases, it is allowed
> to use a special procedure for concluding contracts, for example,
> by setting out standard terms of the agreement on transferred
> copies of programs for Computers and databases.

Article 15. Free reproduction and adaptation of
computer programs and databases

> 1. A person who legally owns a copy of a
> computer program or database has the right, without obtaining additional
> permission from the copyright holder, to carry out any actions
> related to the functioning of the computer program or
> database in accordance with its purpose, including recording and
> storage in the computer memory, as well as correction of obvious errors.
> Recording and storage in the computer memory is permitted in relation to one
> computer or one user on the network, unless otherwise
> is provided by an agreement with the copyright holder.

> 2. In exception to the provisions of paragraph three of Article 10
> of this Law, a person lawfully owning a copy
> of a computer program ordatabase, has the right, without the consent
> of the copyright holder and without paying him additional
remuneration:
> to adapt a computer program or database
> of data;

to make or commission the production of a copy of a
computer program or database, provided that this copy
is intended only for archival purposes and, if necessary (
in the case where the original computer program or database
is lost, destroyed or rendered unusable) to
replace a legally acquired copy. In this case, a copy
of a computer program or database cannot be used
for other purposes and must be destroyed if
further use of this computer program or database
ceases to be lawful.

> 3. A person lawfully owning a copy of a
computer program has the right, without the consent of the copyright holder and without paying
> additional remuneration, to decompile or commission
> decompiling a computer program in order to study
> the coding and structure of this program under the following
> conditions:
> information necessary for the interaction of an independently
> database developed by a given person of a computer program with other
> programs is not available from othersources;
> the information obtained as a result of this
> decompilation may be used to organize
> the interaction of a computer program independently developed by a given person
> with other programs, and not to compile
> a computer program that is substantially similar in appearance to the
> decompiled computer program or to carry out
> any other action that violates copyright;
> decompilation is carried out in relation only those
> parts of a computer program that are necessary to organize
such interaction.

Article 16. Free resale of a copy of a
computer program or database
Resale or other transfer of property
or other proprietary rights to a copy of a computer program or database
after the first sale or other transfer of the right
ownership to this copy is permitted without the consent
of the copyright holder and without payment to him additional
remuneration.

Chapter 4. PROTECTION OF RIGHTS

Article 17. Infringement of copyright. Counterfeit
copies of a computer program or database
1. An individual or legal entity that does not comply
with the requirements of this Law in relation to exclusiverights
of copyright holders, including importing into the Russian Federation
copies of a computer program or database produced
without the permission of their copyright holders, is a violator of
copyright.
2. Copies of a
computer program or database are considered counterfeit, the production or use of which
entails a violation of copyright.
3. Also considered counterfeit are copies of a computer program or database protected in the Russian Federation in accordance with this Law, imported into the Russian Federation from a state in which this computer program or database has never been protected or has ceased to be protected by law.

Article 18. Protection of rights to a computer program and database

> 1. Author of the computer program or databases and other
> rights holders have the right to demand:
> recognition of rights;
> restoration of the situation that existed before the violation
> of the right, and termination of actions that violate the right or create
> the threat of its violation;
> compensation for damages caused, the amount of which
> includes the amount of income unlawfully received
> by the violator;
> payment by the violator of compensation determined at the
> discretion of the court, arbitration ships orarbitration court in the amount
> 5000 - a multiple of up to 50,000 times the minimum monthly wage established by law
> in cases of violation
> for the purpose of making a profit instead of compensation for losses;

in addition to compensation for losses or payment of compensation, at the
discretion of the court or arbitration court, a
fine in the amount of ten percent of the amount awarded by the court
or arbitration court may be imposed in in favor of the plaintiff, to the income
of the republican budget of the Russian Federation;
taking other measures provided for by legislative acts
related to the protection of their rights.
2. For violation of their rights, copyright holders may
apply to the court, arbitration or arbitration court.
3. The court or arbitration court may decide on
the confiscation of counterfeit copies of a computer program or
database, as well as materials and equipment used
for their reproduction, and about their destruction or about transfer
them to the income of the republican budget of the Russian Federation or
to the plaintiff at his request in compensation for losses.

Article 19. Seizure of counterfeit copies of a computer program or database
For copies of a computer program or database,
manufactured, reproduced, distributed, sold,
imported or otherwiseused or
intended for use in violation of the rights of the authors
of a computer program or database and other rights holders
may be seized in the manner prescribed by law.

Article 20. Other forms of liability

> Release under one’s own name of someone else’s computer program or database
> of data or illegal reproduction or distribution
> of such works entails criminal liability
> in accordance with law.

President
of the Russian Federation
B. ELTSIH

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Sincerely, Dmitry (OLDMAN).
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