Comparative analysis of the
Software rights Policy in Russia
and the USA
Jus et Lex
Rubrics
Policy object
Codification
Copyright evidence
Policy results
Proposed software rights system
Policy object
Russia
USA
Policy object: definition background
Computer program
Soft, software and computer program
Standard ISO/IEC 2382-1 is only information term
Standard ISO/IEC 2382-1 is a base for legislature
in information technology sphere in the USA.
Main legal regimes of policy object
•
•
•
•
•
Invention
Trade mark
Work of literature
Computer information
Know-how
•
•
•
•
Work of literature
Invention
Trade mark
Know-how
Main rights protection system of policy object:
•
•
•
Constructive
Registration
Special.
•
•
Constructive
Registration
Law: sources, codification
Russia
USA
Legal regulation
Civil Code of the Russian Federation (Part4)
United States Code (Title 17),
Sources of Intellectual Property Law:
Only Federal Law
Sources of Intellectual Property Law:
Federal and State Law
Many states have rights of publicity that give
people control over the use of their names
and likenesses in internet advertising , and
rights of privacy that protect personal
information in digital sphere. These rights vary
from state to state and are best considered in
connection with Tort Law
Last recodification
2008
[1]
1946 (Lanham Act), 1952 (Patent Act), 1988
(Copyright Act)
Fundamentals of American Law. New York University School of Law. G. Editor: Allan B. Morrison. 1998. P. 510-512.
15 U.S.C. §§101-1010.
[3] 35 U.S.C. §§1-376
[4] 17 U.S.C. §§101-1010.
[2]
Copyright evidence
Russia
USA
Evidence in support of the owner of the copyright
Registration in Russian Patent Office
Registration in US Copyright Office
is not obligatory, but restricted within Russia territory is not obligatory and not restricted within territory
limits
Expert report
Affidavit (Expert report in addition)
Affidavit example
Judicial system
Russia
USA
February, 1, 2012 - Court for Intellectual
Property Rights (IPR Court)
July, 2, 2013 - Moscow City Court
(all internet cases)
from 1910 – U.S. Court of Appeals for
Federal Circuit (former the U.S. Court of
Customs and Patent Appeals)
Jurisdiction of IPR Court is all over the
territory of the Russian Federation (11 time
zones)
Its Jurisdiction is all over the territory of
the US (6 time zones)
Main Limiting Factor
Since 2012
The period of policy
implementation
3 years VS 105 years
Since 1910
Policy results
Software piracy level in Russia – 62%, in the USA 18% (2014)
– Decrease in 11% in Russia, in 2% in the USA - 2007 level
– Decrease in 21% in Russia, in 3% in the USA - 2005 level
Source: IDC, 2014
Prospected result of policy implementation for economy (forecast
2007)
If piracy level decreases in 10%, it will
triple IT-sector scale ($9,2 billion to $30)
• 33 700 new workplaces;
• $15 billion growth of IT-sector;
• $823 million taxes
• $23,5 billion economy growth annually
There are no
such results
in Russia
by 2015!
Conclusion
Proposed model of rights system
Information as subsumer regards computer programs
Classification of
information
Program idea in its
algorithm
and in its critical
limitation
Information in program
title, its symbolic and
original image
Information as a
complex of data and
commands, meant for
computer operation
Computer information
Protection
Rights System
Registration System
Registration System
Constructive System
Miscellaneous (mix of
constructive
and
registration
systems
based
on
property
rights system)
Legal regime
Invention or know-how
Trade mark
Copyright object
Computer information,
protected by the law
Legal ground
State expertize
registration
and State expertize
registration
and Fact
of
creation
program Fact
of
program
creation
or acquisition of right by
Optional
registration the law
(presumption meaning)
Bibliography
Literature
1. Fundamentals of American Law. New York University School of Law. G. Editor: Allan B. Morrison.
1998.
2. Henry J. Abraham. The Judicial Process. An Introductory Analysis of the Courts of the United
States, England and France. Oxford University Press. 1993.
3. Lawrence Baum. The Court of Customs and Patent Appeals. 1977.
4. James E. Anderson. Public Policymaking. New York, Boston: Houghton Mifflin Company, 2000.
5. Robert Eyestone. Threads of Public Policy: A Study in Policy Leadership. Indianapolis: BobbsMerrill, 1971.
6. Scott H. Ainsworth. Analyzing Interest Groups: Group Influence on People and Policies. New York,
London: W.W. Norton & Company, 2002.
Other sources:
7. Web-site of U.S. Court of Appeals for Federal Circuit URL: http://www.cafc.uscourts.gov/thecourt/court-jurisdiction.html
8. Web-site of Court for Intellectual Property Rights URL: www. ipc.arbitr.ru
9. Web-site of Association of Program Product Providers URL: www.appp.ru
10.Web-site of Business Software Alliance(BSA) URL: www.bsa.org
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