How to Register a Database and Why Is It Necessary?

What is a Database?

In accordance with Article 1260 of the Civil Code of the Russian Federation, a database is defined as a set of independent materials (articles, calculations, regulations, court decisions and other similar materials) presented in objective form, systematized in such a way that these materials can be found and processed using an electronic computer.

Since the database is protected by copyright, it, like any other work, such as literature or art, is subject to general requirements for works. This means that the database must be created by creative work, since an object that is not the result of a creative process cannot be called a work.

The database can be protected by obtaining a certificate for the database from Rospatent.

For databases, state registration is carried out and a certificate for the protection of the database structure itself ("table") is obtained. This certificate can be conditionally called a patent for the database. According to Article 1261 of the Civil Code of the Russian Federation, databases, like computer programs, are protected by copyright and do not require mandatory registration. Despite this, such a procedure allows the copyright holder to more effectively protect their interests in the event of disputes. Copyright for a database is valid for the entire life of the author and 70 years after his death.

Copyright and related rights

A certificate of registration of a database, in addition to copyright, confirms that the applicant has exclusive rights to this intellectual property object.

In accordance with Article 1334 of the Civil Code of the Russian Federation, the manufacturer of a database, the creation of which (including the processing or presentation of the relevant materials) requires significant financial, material, organizational or other costs, has the exclusive right to extract materials from the database and subsequently use them in any form and by any means (the exclusive right of the manufacturer of the database). The manufacturer of the database may dispose of this exclusive right. In the absence of evidence to the contrary, a database, the creation of which requires significant costs, is recognized as a database containing at least ten thousand independent information elements (materials) constituting the content of the database.

No one has the right to extract materials from the database and subsequently use them without the permission of the copyright holder, except for cases provided for by the Civil Code of the Russian Federation. In this case, the extraction of materials is understood to mean the transfer of the entire contents of the database or a significant part of the materials comprising it to another information carrier using any technical means and in any form.

The exclusive right of the database manufacturer is recognized and operates regardless of the existence and validity of copyright and other exclusive rights of the database manufacturer and other persons to the materials constituting the database, as well as to the database as a whole as a composite work.

Why register a database

Certificate of registration:

• is the main evidence of exclusive rights in the event of receiving a letter of claim or in the course of legal proceedings on the issue of violation of the rights of third parties, for example, in the event of an accusation of plagiarism.
• confirms authorship, since the author of the database is considered to be the person indicated as the author on the original certificate for the database, unless proven otherwise.
• makes it possible to officially transfer (sell) rights to the database and actively distribute them.
• proves the date of creation of this object (priority), since the certificate indicates the date of receipt of the application together with the materials on the registered database.
• provides the opportunity to join the Unified Register of Russian computer programs and databases, which is under the control of the Ministry of Digital Development.

The main purpose of obtaining registration in such a register of software and databases for developers is to obtain support for domestic products and expand the use of information systems in government agencies.

Registration procedure and stages, list of documents

To obtain a registration certificate, you must submit a corresponding application in the approved form to Rospatent.

The application must strictly comply with the rules for its execution.

It must include the name of the registered object, the previous or alternative name (published, in Russian or English). It is important to make sure that the name does not violate the copyright of third parties. For this purpose, it is recommended to conduct a preliminary search of trademarks and the register of registered databases. The following information is provided about the applicant:

• for a legal entity: full name, OGRN, INN, legal address, including postal code.
• for an individual: full name, passport details, SNILS, registration address, including postal code.

The grounds for the emergence of rights to the registered object are indicated, for example, the applicant is the author's employer; the transfer of rights by the author or his successor to the applicant; the transfer of rights by the employer to the applicant or the right of inheritance. Information about the date of creation of the registered object is entered, in which case it is sufficient to indicate only the year; the place and date of the first publication of the registered object (the country and year are indicated). In addition, it is necessary to check whether the registered object contains personal data. If yes, then you must specify the number in the operator register.

The application must reflect the authors' desire to be indicated in the application and mentioned when publishing information in the official registration. Therefore, you need to choose one of the following options:

• the authors want to be indicated in the application and mentioned in the publication - it is necessary to submit the originals of the consents for the processing of personal data and consents to be mentioned in the publication from each author;
• the authors only want to be listed in the application, but do not want to be mentioned in the publication - it is necessary to provide original consents for the processing of personal data from each author;
• the authors do not wish to be identified as such in the application and do not wish to be mentioned in publication.

When choosing the first two options, complete information about each author is filled in: (last name, first name, patronymic, date of birth, day, month, year, place of residence, including country, postal code, telephone; if the author wishes to be mentioned under a pseudonym, the pseudonym is also indicated).

When choosing the third option, only the total number of authors is indicated (1, 2, 3, etc.). When choosing the first two options, you should also provide a brief description of the author's creative contribution to the creation of the registered object, for example, analysis and formulation of the problem, development of the database structure. The materials identifying the database are provided electronically in editable Word or Excel format in a separate document. If there are identifying materials in another form, they are provided in electronic form in a separate file, for example, these could be screenshots of the appearance of the table design in *jpg format , a type of diagram or graph that is generated on the basis of statistical data stored in the database in *pdf format , etc.

A brief description of the database (abstract) is provided, containing information on the purpose, scope, structure and content, and functional capabilities of the registered object. The abstract should not exceed 900 characters with spaces.

The following information is also provided for the database:

• type of implementing computer;
• type and version of the database management system;
• type and version of the operating system;
• database volume.

It is mandatory to attach to the application a payment order confirming payment of the state fee in the amount and manner established by the Tax Code. For legal entities, the fee currently amounts to 4,500 rubles, for individuals – 3,000 rubles. The size of the share of the state duty paid by each payer is determined proportionally to the number of payers on the basis of paragraph 2 of Article 333.18 of the Tax Code of the Russian Federation, based on the established amounts for organizations and individuals. Thus, when an application is submitted by several applicants, each applicant must independently pay his share of the state duty.

It is worth noting that on July 31, 2024, a bill was introduced to the State Duma to increase the amount of state fees for state registration of computer programs, databases and integrated circuit topologies. It will specify the list of registration actions for which Rospatent charges a state fee. The amount of state fees is planned to be indexed to the level of inflation accumulated for 2014-2024. In addition, the amount of state fees will be the same for organizations and individuals. The list of persons exempt from state duty for registering a computer program, database, or integrated circuit topology in their name will also be expanded. It will include, in particular, members of the special military operation, prosecutorial employees.

5,000 rubles for consideration of an application for state registration of a database. It is planned that the changes will come into effect no earlier than January 1, 2025, but not earlier than one month from the date of their publication as a federal law.

In addition, the applicant should take care of a power of attorney for the representative (if necessary). If the representative is not a patent attorney with the appropriate specialization, the power of attorney must be notarized.

Acceptance and official registration of an application submitted to Rospatent is possible only if the following reasons for its rejection are absent:

• absence of an application in Russian;
• illegibility of the text of the application;
• impossibility of processing the paper version due to its technical condition;
• violation of the norms established in the “Rules for drafting” documents for legally significant actions of registering databases.

Thus, taking into account the above requirements and registration features, the procedure for obtaining a certificate for a database is not a simple action that any applicant can perform independently. Only competent specialists with experience and understanding all the subtleties and nuances will assist you, the applicant, in registering the database as quickly as possible.

Having significant experience in legal support of the activities of companies and individuals and resolving any issues of our clients, lawyers and patent attorneys of Zuykov and partners are able to interact with you as effectively as possible to implement your projects, including database registration.

Our company has patent attorneys with the relevant specialization on staff and has been filing applications to the Russian Patent Office for the registration of computer programs and databases for over 20 years.

In practice, the registration period, with a competent approach and professional support for clients, the period for receiving a certificate for the database is up to 10 working days.