If a dispute of copyright on software, database arises (e.g. who is the author?), the author may bring legal action for recognition of his rights on material.
Such legal action will resolve the dispute and could become a prerequisite for the application of other measures for rights protection established by law.
For example, the author who has his/her rights for a software or a database acknowledged through the establishment of authorship, will be able to claim damages for illegal use of work from 10 000 to 5 000 000 ₽.
If there is a dispute of authorship, it will be necessary to bring legal action to the Court of general jurisdiction to resolve the matter.
To bring legal action on authorship acknowledgment it is necessary to provide evidence that the computer program or the database were created by the plaintiff. Drafts, preliminary versions of the disputed work may be used as evidence.
The moment of creation and expression in the material form of a work is the starting point of the beginning of copyright on the result of intellectual activity. The recognition of such rights in court is a complex and lengthy procedure. To confirm the position, the copyright holder presents evidence of his own rightness. These include sketches, projects of preliminary versions, or individual parts of the work. Proof is also considered a notarized copy, a copy sent to himself by the author, or a deposited work. When establishing authorship in a court of general jurisdiction, the obligation to prove is assigned to the copyright holder. The rights recognized following the results of the proceedings make it possible to present property claims against the offender.