Computer Software

– Law on Computer Software, in force since May 17, 2002, as amended.

Membership in International Conventions

– None.

Filing

Applicant: any physical or legal persons. However, filing is not compulsory. The copyright on computer software and database comes into existence as a result of the development. 

Receiving Office: the right on a computer program or database, if registered, shall be filed with the State Register of Software or The State Register of Databases by filing an application with the corresponding division of the State Patent Office. 

Foreigners: may register themselves or through a representative. 

Electronic filing: available.

Examination: a single-stage examination is carried out within two months of the filing date.

Appeal: possible against a negative decision of the examination, before the Appeal Board, within a three-month term of the decision date. If still negative, appeal to the court can be lodged, within six months from the date of Appeal Board decision. 

Publication: in the Official Gazette.

Protection

Right to protection: belongs to the author or his assignee. 

Scope of protection: extends to all kinds of computer programs as well as to databases, which are the result of creative selection and organization of data.

Employee’s software: belongs to the employer, unless specified otherwise in the agreement. The remuneration and terms of payment must be specified in the agreement between the employer and the author.

Duration: established in accordance with the law on copyright.

Assignment: must be registered if the software is registered or by agreement of the parties and must provide for the remuneration, terms of payment, duration of the agreement, the volume and ways of using the computer program or database.

Disputes and infringement: are judged by civil, economic and criminal courts.