Jus et Lex

Comparative analysis of the Software rights Policy in Russia and the USA

Rubrics

Policy object

Proposed software rights system

Copyright evidence

Policy results

Codification

Policy object

Russia USAPolicy 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)

Sources of Intellectual Property Law:Only Federal Law

United States Code (Title 17),

Sources of Intellectual Property Law:Federal and State LawMany 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 1946 (Lanham Act), 1952 (Patent Act), 1988 (Copyright Act)

[1] Fundamentals of American Law. New York University School of Law. G. Editor: Allan B. Morrison. 1998. P. 510-512.[2] 15 U.S.C. §§101-1010.[3] 35 U.S.C. §§1-376[4] 17 U.S.C. §§101-1010.

Copyright evidenceRussia USA

Evidence in support of the owner of the copyrightRegistration in Russian Patent Office is not obligatory, but restricted within Russia territory Expert report

Registration in US Copyright Officeis not obligatory and not restricted within territory limits Affidavit (Expert report in addition)

Affidavit example

Judicial systemRussia USA

February, 1, 2012 - Court for Intellectual Property Rights (IPR Court)July, 2, 2013 - Moscow City Court (all internet cases) Jurisdiction of IPR Court is all over the territory of the Russian Federation (11 time zones)

from 1910 – U.S. Court of Appeals for Federal Circuit (former the U.S. Court of Customs and Patent Appeals)

Its Jurisdiction is all over the territory of the US (6 time zones)

Since 2012 Since 1910The period of policy

implementation

Main Limiting Factor

3 years VS 105 years

Policy resultsSoftware 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 willtriple 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

algorithmand 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 groundState expertize and registration

State expertize and registration

Fact of program creation

Optional registration (presumption meaning)

Fact of program creationor acquisition of right by the law

BibliographyLiterature

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: Bobbs-Merrill, 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/the-court/

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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