Protection of intellectual property rights on the Internet

(April 2015)

Julia Berestneva, The Head of Customs & Corporate Lawyers (SPb)

Subject of protection of intellectual property rights on the Internet today is relevant for all of us, whether it's representative of a public authority, public organization or the business community.

In today's reality in the era of information technology, each participant of economic, social and political activity, as well as controlling and supervising authorities in some way represented in the Internet.

On the Internet there is a huge amount of multidimensional data, which is actually a broad arena for "piracy" and plagiarism.

We simulate a standard situation: You are a big player in the market of highly competitive products, or the provision of services are in great demand. Your company, of course, has its own website, which contains information about the company: description of its activities, benefits, perhaps even unique photo, audio or video, that distinguish you from your competition. And suddenly there is a web site, or simply a clone of the content (ie, information) your site is published on the website of a competitor. In addition to simple "moral" trouble your company can lose a certain percentage of profit or market share.

To avoid this, your intellectual property rights in the Internet is absolutely essential to protect.

There are several ways to protect the rights on the Internet, they can be used all together or separately, depending on the complexity of content and rights holder desires.

1. Copyright sign.

This is the easiest and most common way to protect that warns users of the site: in the content is the author / rights holder and copying information prohibited by the owner. Copyright Copyright © do not need to register, just to put it or "basement" of the site or on a single page of content.

It must be remembered that copyright protects the conditional content, but not an idea, a principle.

For information / content is protected by copyright, may be used for quoting, but with the obligatory reference to the source and do not use more than a few paragraphs of the author's text.

Tip: always try to put a copyright symbol on all the works posted on the Internet, however, is limited to only those not worth it.

2. Registration of a trademark on the name of the site (domain).

This method allows you to get an official document about the rights holder to the name of the site (domain) and thus protect their property rights to the name as an object of intellectual property from unlawful use. This method allows you to protect you in case of violation of third party copyright and property rights on the name to get them financial compensation. Registered trademark of the site / domain is an intangible asset of the company and, in the case of success of the company and brand awareness, can be sold or ceded.

3. Registration of the copyright in the content, texts and images.

This method allows you to protect your content from potential claims by employees involved in its manufacture, and does not allow the use of the product in good faith your intellectual work.

As such, the state registration of rights to intellectual property created and used on the Internet, except for computer programs and databases are not performed. But specialized legal organizations offer such methods of copyright protection, as the deposit of works (RW, INCO, Russian State (Lenin) Library). The author / rights holder to transfer to the deposit page of the original text, image, appearance design of the site or other content received a certificate of deposit, and copyright protection is made possible in practice.

An alternative method of deposit certificate is a time of fixing the work (content) by a notary. At the same notary does not keep a copy of the work at home, and only records the time of its filing, testified during the signature on the document.

In the case of fraudulent use of your text, graphics and so forth. Content, that have been posted on the Internet, you received a certificate of your rights, always prove its priority and will be able to make a claim to any "pirate".

4. Registration of the original program or database.

This is necessary in order to prevent the possibility of an employee of the company - the programmer to take with development, which lie at the heart of the company's website or portal, and, in addition, to protect their intellectual property from unlawful use.

The legal protection of computer programs, databases, website, blog or portal is carried out under the Civil Code. Moreover, the law equates computer programs to literary works and databases for the collections and objects of related rights. You can register your Web site as a PC, if it contains original scripts and routines (Html code is not recorded).

Computer programs and databases at the request of the applicant is officially registered in Rospatent with the issuance of the certificate of state registration. Rospatent takes to deposit the source code of the program (before compiling the listing), and a brief description.

The exclusive right to the program may belong to both the author and other individuals and legal entities.

The owner of an exclusive right is entitled to use the computer program by any means not contradicting the law, the program can manage on your own, as well as to prohibit the use of the program to others, the lack of a ban is not the solution.

Property rights in the program or database shall be inherited or sold (leased) only after the official registration carried out. That is actually a registered program is an intangible.

5. Register the name of the website or portal as media.

Submit your site as a network media is now quite popular way to express yourself. This method not only add "solid" your site and, of course, the companies, but also provide you with additional protection for the name of the site or the domain and, in addition, you will be able to enjoy all the rights provided by the Law "On mass media".

Russian law "On mass media", many lawyers today called the most democratic of all current statutory laws. The media have the right to seek comments from all state and municipal authorities and receive a reply. For this right to freedom of information vigilantly monitoring and supervisory authorities, including the prosecutor's office.

Social Status of the portal site, or registered as a media increases significantly for users and advertisers, and search engines such as Yandex, are to sign a user agreement with him, and often require a certificate of registration of mass media.

Register online edition today simply and budget. Just fill in the form in which the title is to determine the founder and editor-in and calculate what percentage of the content on your site will take advertising (depends on the amount of duty: 10 thousand. Rub. Not advertising media, 50 thousand. Rub. - Advertising media) .

Register as a site provides additional media. protect your site / portal: no one has the right to use your information without reference to the source. Your employees will automatically receive the rights of journalists, may request accreditation in all the organs of power to go to the press conferences and briefings.

6. Conclusion of a license agreement with the author of the site content.

Do any information / content site has a writer who can be a member of your company, as well as freelance or employee outside organization. In any case, if the author of the content is not you personally, we recommend to conclude a license agreement with its author. Having signed a license agreement, you become the copyright of content have the ability to set rules for using the site content to visitors.

Copywriter owned non-property copyright - the right to be recognized as the author, this right is inalienable. But the author of the content may refer you to an exclusive property right to use any product. To do this, and requires a license or an exclusive license agreement. Enough to develop a template of such a contract in which to register any particular author, description of the work (content) and the amount (the contract price). We recommend this method to treat with the utmost seriousness, because intellectual property rights as sub-sector of civil law, each day gaining its amplitude. Many companies, unfortunately, it is not serious about the issue, which subsequently turns presenting claims to them by the authors or copyright holders.

7. Report on the site of their rights and the rules of use of the content and information.

After the recommended law copyright mark, which consists of the designation ©, the name of the author or the copyright owner, it is important to write about the following: "Any use or copying of materials or kits site design elements and design can be carried out only with the permission of the author (owner) and only with the reference to .... "

But in some cases, the authors or copyright holders of code site content, on the contrary, want their texts were used as often as possible. In this case, you can allow the free use and distribution of part or all of the site's content. This is just advisable to write the rules of the site.

In these Terms and Conditions - Terms usually stipulated how to use the site, various warnings, which aim to protect the trademark, information technology, copy-protection and general protection of the site in terms of copyright and intellectual property protection.

Therefore, we recommend that all site owners definitely take the time to think carefully policy of the site and to make all the necessary rules and requirements links, because a well-written rules can often protect the owners of Internet resources from many troubles.

If you are registering its users, do not forget about the effects of the law in the protection of personal data. Anyone completing the registration form, should allow you to process and store their personal data, otherwise you may have problems.

The above are the main ways to protect intellectual property rights on the Internet. Website or portal component in addition to the information would have to be legally competent, which protects your company from possible risks. Spending time and energy on acceptable way for you to protect you, of course, Protect your business from unfair competition and possible claims by authors / copywriters.