License agreement and software

The license agreement is one of the means of disposing of the exclusive right. This is a civil-law document, under which one party grants another right to use a certain result of intellectual activity, and in which the limits of such use are provided. The same applies to the means of individualization.

Compensable author's license agreement involves the payment of a fee, which is a one-time or periodic payments of a predetermined amount. Also, interest may be a percentage of income. The government can determine the minimum amount of remuneration intended for the author for certain uses.

Software - a collection of data and commands, which is presented in an objective form and designed for the operation of computer devices. Part of it is also the preparatory materials that were received during the development of the program, and the audiovisual images it generates. It also includes operating systems and software packages.

The software license agreement appeared in civil law relatively recently. Its essential conditions - the definition of the subject and the methods of its application, that is, it should mention the name of the program that the licensor uses and the right of use that passes to the licensee. If there is no such information, the license agreement is not considered valid, and rights are not granted.

Features of computer programs in the legal aspect

The license agreement associated with the software has its own peculiarities. Since this is a specific object, there are separate rules for it:

1. At the request of the right holder, state registration of computer programs is possible, which is carried out in Rospatent. It means entering in an open registry, and any person can freely access this information. Therefore, it does not pass programs that contain state secrets.

2. Agreements involving the alienation of the exclusive right associated with software also have their own peculiarities. If it was entered in the open registry of Rospatent, then such an agreement is subject to state registration. If the program is not entered in the register, then it is not necessary to register it.

The contract of accession

For computer programs, the procedure for concluding an interconnection agreement is stipulated : it is considered that the user has given his consent to his conclusion at the moment when he began using this program or database. The terms of this agreement are contained on its copy, and can also be stated on the packaging.

The software is protected in the same way as other objects and intellectual property items . The license agreements associated with it are concluded in accordance with the procedure established by law.