How to correctly issue intellectual rights to the program?

To begin with, let us ask ourselves, why do we need to issue rights at all?

Registration of rights is necessary in order to:
1) Sell the program. In most cases, programs are created specifically for sale. Commercialization of programs is possible through the sale and purchase of copies on tangible media, as well as through the conclusion of license agreements or an agreement on the alienation of rights in full. In any case, only the copyright holder can sell and he must prove his rights to the buyer.
2) Obtain on sale exemption from value added tax (VAT) in accordance with paragraph 26 of paragraph 2 of Article 149 of the Tax Code of the Russian Federation
3) Put the program on the balance sheet as IA (clause 3 of article 257 of the Tax Code of the Russian Federation)
4) Make a reasonable market assessment of the software product.
5) Contribute to the share capital of an LLC as a contribution of the founder (indicative experience has been described recently )
6) Obtain evidence to protect the rights to the program from violations by employees (authors) and competitors
7) just be calm for your asset, even if you do not intend to make a deal with the software product.
If the author and customer of software products do not set themselves the listed goals, then spending time and money on the registration of the right is inappropriate.

How to arrange securely or what to add to the certificate of registration of Rospatent?

An obvious way to obtain a certificate of registration is necessary, but it is not a panacea and it is clearly not enough to effectively achieve the goals set above. We have already written about this.
Variants of registration of rights to software products depend on how to create software. At the same time, one should not forget that, according to Russian legislation, the original holder of the right is always an individual - the author (clause 3, article 1228 of the Civil Code of the Russian Federation). Here, in the United States, the rights of the company (the “echo of the slaveholding system”) immediately arise from the results of intellectual activity by employees, and in Russia, fortunately or unfortunately, this is not so.

Consider the possible options:

Option 1. Authors create a program on their own initiative

Here it is better to conclude an agreement between co-authors, in which to provide goals and procedures for creating a program, distribution of tasks between co-authors, identifying persons who are not authors, but provide only technical, consulting, organizational or material assistance and therefore do not acquire copyright, and other aspects create a program. In addition, in this agreement it is advisable to fix the conditions for the further disposal of software rights.
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Also, as soon as the program is created or after the program is completed, it is recommended to compile a program specification that reflects the main points affecting the recognition of an intellectual result mode by the program: details of the authors, their level of education and special training, program creation dates, program goals, information on the financing of the development and the cost of the creation, the technical means and software used in the creation of the program, and much more.
In the future, the contract and specification may be presented to substantiate the emergence of copyright as evidence.

Option 2. Creating a program to order by external authors (freelancers) - individuals

The option is simple for registration - it is enough to conclude an author's contract, the “zahabrennuyu” form of which we have already discussed the world It will be very good if, in addition to the transfer of the program, the authors prepare the specification and also give it to the customer.

Option 3. Creation of the program by internal employees of the company

In this case, we must once again recall that individuals become the original owners, since only they have the ability to think and create, to create an intellectual product. Accordingly, for registration of rights to the company intellectual property office, it is necessary to prepare a set of the following documents:
(1) a competent labor contract in which additional duties of an employee on the implementation of intellectual activity must be provided for;
(2) a formalized document, in accordance with which each result of intellectual activity (for example, a specification) can be identified;
(3) official task, the results of which should be the result;
(4) the act of transferring the result from the employee to the employer;
(5) agreements on the payment of royalties, which, in contradiction with the common myth, are never included in the salary of employees.
It seems that there are too many documents and this paper bureaucracy is beyond the power of the company? You can use the package offer and do all the documents electronically, for example, in your corporate program for collaboration and project management jira, basecamp, bitrix24, megaplan, etc.

Option 4. Acquisition of the program from the company

This option involves the use of the maximum set of documents for registration rights. On the one hand, you must have a contract with the company on the transfer of rights or a license agreement (option 2), on the other hand, the company must prove to you that it has rights, as it received them from its employees (freelancers) and, therefore, has the ability to transfer the rights to you under the contract (option 3).

Thus, a competent approach to the registration of rights will save time and money, as well as effectively achieve the goals set at the beginning of the post.