Protection of the rights of authors of computer programs and manufacturers of databases in a judicial order

Автор: Azizyan Vigen Garnikovich, Zhuravlenko Nikolay Ivanovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 1  (8), 2014 года.

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Purpose: Identification and solution of problems of protection rights of authors of computer programs and databases in a judicial order. Methodology: Authors widely used system approach, the formal-legal method and a method of the included supervision were applied. Results: In work the main difficulties in proof of authorship of computer programs and the databases, their registration caused by system are analyzed. Only the certificate on the registration, granted by Federal Service for Intellectual Property, to patents and trademarks, can be used by his owner as the indisputable proof of the rights. Legal mechanisms of attraction to civil, administrative and criminal liability for copyright violation are also analyzed, features of detection of the counterfeit software are shown, in particular the conclusion that expert research of counterfeit information and program production demands use of special knowledge of various areas of science and equipment therefore it has to have complex character is drawn. For obtaining the objective expert opinion the following stages can be the basis for an expert technique: identification of external signs of counterfeit products and identification of signs of piracy in structure, the contents, consumer properties of information software products. Novelty/originality/value: Article has a certain scientific value as it contains author’s generalizations and the conclusions having the scientific and practical importance for implementation of judicial protection of the rights of authors of computer programs and manufacturers of databases.

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Computer program, database, copyright, legal protection, exclusive right of the manufacturer of a database, author's right

Короткий адрес: https://sciup.org/14027691

IDR: 14027691

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