State registration of computer programs
Inspired by the comment . For some reason, I thought that there shouldn't be such issues on Habré, for after reading a couple of times the relevant Administrative Regulations and other boom pages, everything becomes clear. (You can read it once for general development, but, in principle, everything below is necessary, unless you have a unique and exotic case).
In any case, I do not mind sharing my modest experience and telling how I had to deal with the state registration of a computer program (copyright holder - legal entity, 1 piece). Nothing complicated, btv.
State registration is carried out by FGBU FIPS ( FGBU Federal Institute of Industrial Property ) or simply FIPS.
In the case of computer programs, registration does not require special gestures (as opposed to inventions, for example). Is there a program? - There is. It remains only to properly fill out the package of documents, which is called the application.
Application documents:
1. Covering letter in 2 copies. (in the case of sending the application documents by mail - in 1 copy.)
2. Application in 1 copy.
3. Printing the source code of the program in 1 copy.
4. Abstract in 2 copies.
5. Power of Attorney in 1 copy.
6. Payment document on payment of state duty in 1 copy.
Everything. And now more detail about the design.
Text in italics must be removed / changed / replaced (as in further instructions).
Two copies of the cover letter are necessary if you are going to take the application documents to the FIPS yourself, one covering letter will be taken by the FIPS, and on the other you will be given an application number.
Application number - a unique number required to identify your application and for further business management, the first 4 digits indicate the year of filing of the application, the 5th and 6th digits - the code of the object of intellectual property, 4 remaining digits - the serial number of the application in the series of this year . This number is required (in the conduct of business) until such time as you are issued a certificate for a computer program, which also has its own unique number.
In principle, even if you forget to print out the second copy of the cover letter, the employee receiving your application documents must make a copy of the cover letter and enter the application number on it. I didn’t have to check how much he should or shouldn’t, and I don’t advise you either.
If you are going to do business by mail, the letter is sent in 1 copy. If you have the opportunity to take the application documents to FIPS with legs, I advise you to use this opportunity.
It is also possible to submit documents to FIPS via e-mail or fax, but later all the same (for a period of time) you must provide original documents (since I didn’t have to do this, I can only advise you to look for this information on the FIPS website).
Letters are signed by the head, put a stamp, register.
Sample applications and examples of their completion.
The application is printed on 1 sheet from two sides. If you do not have enough space in the columns of the application form, then you transfer the redundant information to the additional application form (it is slightly modified), in this case do not forget to indicate in the accompanying letter about the presence of additional. application sheets.
The explanations for filling out the application graph separately can be viewed on the FIPS website - the first block of text under paragraph 1. Here you will also find comprehensive information on the design of the Listing of the original text of the program and the Abstract .
In addition, I can only bring
We sign the statement with the author, with the manager, put the number, put the seal.
The source code text together with the title page is stitched, we fasten the threads behind the sheet, we sign it with the manager, we put the seal on the post (the seal must be affixed partly on the fixing sheet, partially - on the printout of the source code).
A power of attorney is needed if your manager decides to shift all body movements (body types see the example) regarding the application for you. Theoretically, if you are going to conduct business through mail, you may not need a power of attorney.
We sign the power of attorney ourselves (if you are a representative), give the signature to the head, put a number, put a stamp (with the seizure of the position of the head or from scratch, if the power of attorney is issued on the head form).
Requisites
Documents overlap, do not throw slippers.
Sign at ch. accountant, the head, put the seal. In general, the accounting department should know everything, just give them the first piece of paper, say the amount (you will understand from the memo), the name of the program and, like, everything.
At this paperwork application is over. Collect everything in a heap, read how, when and where you can apply for the state. registration and act in accordance with the selected item.
If possible, choose the first item (and do not forget the passport, public transport stop - opposite the European one under the clock). In this case, they will also prompt you on the spot what is wrong (the FIPS officer accepts the documents, takes you into the room, checks the documents, and affix the application number).
Pay attention if your organization is related to the Ministry of Defense, Rosatom, Roskosmos, etc. (or the computer program is created under an agreement with similar organizations), you will most likely be asked for a piece of paper confirming that your computer program does not contain state the secret.
Try to keep your documents in order, because the request for FIPS employees is given 2 months, and more often they still wait for the deadline to expire to send the request to the applicant. I have been waiting for my request for about 25 working days, and I need to respond to the request 4 months after it was sent by the FIPS employee, so I’ve only got about 3 months to answer it. Although, for some it may not be a particular problem But there may be cases when the remaining time may not be enough to collect the missing materials, or it is necessary to arrange the state as soon as possible. registration, and then the post of Russia + zealous staff of FIPS.
In my opinion, you can submit a petition to extend the deadline for submission of materials at the request of the FIPS officer (whether it is paid or not, not up to date). The occurrence of such cases (the need to extend the deadlines) is unlikely, so I would advise anyone to inquire (do not throw slippers) to call the FIPS directly or check with the receiving employee on the spot.
About signatures. If the documents will be signed not by the head of the organization, but by some of his deputies, then it is necessary to provide a document confirming such powers of the deputy (a copy of the Charter or Power of Attorney). But, in theory, such documents are also certified by the head, so that horseradish radish is not sweeter.
Important:
- note that the name of the computer should be the same in all documents!
- if the owners are two or more legal entities. persons, then (according to the instruction on duties) each jur. the person pays his own share of the duty, and no perversions and approaches here will save;
- even in the requirements for the design of materials it is written that the volume of them, as a rule , is 70 pages, the FIPS officer assured me that with a larger volume of pages, the application will not be accepted (even with a justification attached, why do I consider submit for state registration). I do not advise checking the accuracy of this statement;
- the difference between the state registration of computer programs from the state. database registration only in the replacement of words computer programon the Database , well, and some differences in the design of materials and the abstract (this is all well written in Appendix 5 to the Administrative Regulations).
PS: the presented materials were obtained as a result of communication with FIPS, please treat with understanding and refrain from excessive distribution.
upd (10/24/2013): work on mistakes, so to speak:
1. You do not need to put a date under the signature in the covering letter, because the letter is written on the letterhead of the organization, and when registering the letter, the date is also entered. (And “you” is written as “you”).
2. The payment document is written by someone from the bank, the seal of them.
3. If you suddenly use this material, just in case, recheck the amount of duties and details.
In any case, I do not mind sharing my modest experience and telling how I had to deal with the state registration of a computer program (copyright holder - legal entity, 1 piece). Nothing complicated, btv.
State registration is carried out by FGBU FIPS ( FGBU Federal Institute of Industrial Property ) or simply FIPS.
In the case of computer programs, registration does not require special gestures (as opposed to inventions, for example). Is there a program? - There is. It remains only to properly fill out the package of documents, which is called the application.
Application documents:
1. Covering letter in 2 copies. (in the case of sending the application documents by mail - in 1 copy.)
2. Application in 1 copy.
3. Printing the source code of the program in 1 copy.
4. Abstract in 2 copies.
5. Power of Attorney in 1 copy.
6. Payment document on payment of state duty in 1 copy.
Everything. And now more detail about the design.
Transmittal letter
Instructions
Cap. It is printed in the upper right part of the letter, centered on the left edge.
To the computer software registration department,
databases and topologies of the IC of the Federal State Budgetary Institution "Federal Institute of Industrial Property" (FIPS)
')
Berezhkovskaya emb., 30, Bldg. one,
Moscow, G-59, GSP-5, 123995
Text of the letter. You must indent (red line).
I am sending you a computer program for registration “ (Enter the name of the registered computer program) ”, the copyright holder of the exclusive right to which (the applicant) is (Enter the name or name of the applicant) .
Completeness of the application is listed in the annex.
Application. Instead of N i specify the number of sheets. Theoretically (with an immense list of authors, a length of 100,500 lines for the title of a computer), the number of sheets of the Abstract may differ from one, but I think you will cope with this task.
If you do not have an additional application form or another document from the list, then this application line is removed.
Application:
1. Application (RP form) for 1 l. in 1 copy.
2. Addition to the application (RP / DOP form) for N 1 l. in 1 copy.
3. Listing of the initial text of the program on N 2 l. in 1 copy.
4. Summary of 1 l. in 2 copies.
5. Power of Attorney for N 3 l. in 1 copy.
6. Payment document (s) on the payment of state duty for N 4 l. in 1 copy.
A small sequel, do not forget about the red line.
Total for the sum of all sheets (and do not forget that the abstract is in 2 copies) minus N 4 sheets + N 4 payment (x) document (s).
Below we choose one of the options (do not forget about the red line). Again, if you have the opportunity to pick up the certificate in person, it is better to use this opportunity, because ... because post office. There is even nothing to add.
I ask you to send the certificate by mail to the address indicated in column 11 of the application (RP form).
I ask you to hand out a certificate.
Then (ideally in 2-3 lines) the signer should be: who is he (the seal, exciting “who is he”), the signature itself, the signature decryption and the date (the date is under the signature decoding, i.e. under I.O. Surname).
Position, place to sign and decrypt the signature must be stretched on the sheet.
The CEO may also be a Director. Copyright Holder - for physical. faces. The representative of the copyright holder is the one to whom the power of attorney is issued (below will be about her).
A little about printing. Opinions about the rules of print design diverge. My conclusions from the Internet read on the Internet: the seal should capture a piece of the post and not touch the signature. Although ... FIPS is such a structure, I think they do not care.
If your organization has a form of the head, then the seal is placed to the left of the signature from scratch.
Oh yeah, the letter should indicate the subject. The topic is usually indicated under ... as it is called something ... under the patch of the form, where the registration number is affixed. According to the rules known to me, the subject of the letter should begin with “About ...”, for example, About the state registration of a computer program.
Director General ___________ I.O. Surname
Rightholder ___________ I.O. Surname
The representative of the owner ___________ I.O. Surname
Here is a stripped-down example of design, please do not abuse it.
To the computer software registration department,
databases and topologies of the IC of the Federal State Budgetary Institution "Federal Institute of Industrial Property" (FIPS)
')
Berezhkovskaya emb., 30, Bldg. one,
Moscow, G-59, GSP-5, 123995
Text of the letter. You must indent (red line).
I am sending you a computer program for registration “ (Enter the name of the registered computer program) ”, the copyright holder of the exclusive right to which (the applicant) is (Enter the name or name of the applicant) .
Completeness of the application is listed in the annex.
Application. Instead of N i specify the number of sheets. Theoretically (with an immense list of authors, a length of 100,500 lines for the title of a computer), the number of sheets of the Abstract may differ from one, but I think you will cope with this task.
If you do not have an additional application form or another document from the list, then this application line is removed.
Application:
1. Application (RP form) for 1 l. in 1 copy.
2. Addition to the application (RP / DOP form) for N 1 l. in 1 copy.
3. Listing of the initial text of the program on N 2 l. in 1 copy.
4. Summary of 1 l. in 2 copies.
5. Power of Attorney for N 3 l. in 1 copy.
6. Payment document (s) on the payment of state duty for N 4 l. in 1 copy.
A small sequel, do not forget about the red line.
Total for the sum of all sheets (and do not forget that the abstract is in 2 copies) minus N 4 sheets + N 4 payment (x) document (s).
Below we choose one of the options (do not forget about the red line). Again, if you have the opportunity to pick up the certificate in person, it is better to use this opportunity, because ... because post office. There is even nothing to add.
I ask you to send the certificate by mail to the address indicated in column 11 of the application (RP form).
I ask you to hand out a certificate.
Then (ideally in 2-3 lines) the signer should be: who is he (the seal, exciting “who is he”), the signature itself, the signature decryption and the date (the date is under the signature decoding, i.e. under I.O. Surname).
Position, place to sign and decrypt the signature must be stretched on the sheet.
The CEO may also be a Director. Copyright Holder - for physical. faces. The representative of the copyright holder is the one to whom the power of attorney is issued (below will be about her).
A little about printing. Opinions about the rules of print design diverge. My conclusions from the Internet read on the Internet: the seal should capture a piece of the post and not touch the signature. Although ... FIPS is such a structure, I think they do not care.
If your organization has a form of the head, then the seal is placed to the left of the signature from scratch.
Oh yeah, the letter should indicate the subject. The topic is usually indicated under ... as it is called something ... under the patch of the form, where the registration number is affixed. According to the rules known to me, the subject of the letter should begin with “About ...”, for example, About the state registration of a computer program.
Director General ___________ I.O. Surname
Rightholder ___________ I.O. Surname
The representative of the owner ___________ I.O. Surname
Here is a stripped-down example of design, please do not abuse it.
Text in italics must be removed / changed / replaced (as in further instructions).
Two copies of the cover letter are necessary if you are going to take the application documents to the FIPS yourself, one covering letter will be taken by the FIPS, and on the other you will be given an application number.
Application number - a unique number required to identify your application and for further business management, the first 4 digits indicate the year of filing of the application, the 5th and 6th digits - the code of the object of intellectual property, 4 remaining digits - the serial number of the application in the series of this year . This number is required (in the conduct of business) until such time as you are issued a certificate for a computer program, which also has its own unique number.
In principle, even if you forget to print out the second copy of the cover letter, the employee receiving your application documents must make a copy of the cover letter and enter the application number on it. I didn’t have to check how much he should or shouldn’t, and I don’t advise you either.
If you are going to do business by mail, the letter is sent in 1 copy. If you have the opportunity to take the application documents to FIPS with legs, I advise you to use this opportunity.
It is also possible to submit documents to FIPS via e-mail or fax, but later all the same (for a period of time) you must provide original documents (since I didn’t have to do this, I can only advise you to look for this information on the FIPS website).
Letters are signed by the head, put a stamp, register.
Statement
Sample applications and examples of their completion.
The application is printed on 1 sheet from two sides. If you do not have enough space in the columns of the application form, then you transfer the redundant information to the additional application form (it is slightly modified), in this case do not forget to indicate in the accompanying letter about the presence of additional. application sheets.
The explanations for filling out the application graph separately can be viewed on the FIPS website - the first block of text under paragraph 1. Here you will also find comprehensive information on the design of the Listing of the original text of the program and the Abstract .
In addition, I can only bring
Title page
Binding sheetWe recall how all sorts of essays and reports were drawn up at school. The principle of distribution of the contents of the sheet is the same.
The full name of the organization of the copyright holder, including the indication of the full name of the legal form - (in accordance with column 1 of the RP form)
PROGRAM FOR COMPUTERS
Name in accordance with column 3 of the RP form
Full source code of the program / Fragments of the source code of the program (remove unnecessary)
Sheets specify the number of sheets numbers, the inscription is shifted to the right
Authors: list in a column (just like at school), also shift to the right
© name of the organization-holder, year of publication (indicated if the computer was released - see column 7 of the RP form)
201 ... is the year of preparation of the document for registration
The full name of the organization of the copyright holder, including the indication of the full name of the legal form - (in accordance with column 1 of the RP form)
PROGRAM FOR COMPUTERS
Name in accordance with column 3 of the RP form
Full source code of the program / Fragments of the source code of the program (remove unnecessary)
Sheets specify the number of sheets numbers, the inscription is shifted to the right
Authors: list in a column (just like at school), also shift to the right
© name of the organization-holder, year of publication (indicated if the computer was released - see column 7 of the RP form)
201 ... is the year of preparation of the document for registration
abstract
ESSAY
Authors: Surnames of the Name of the Patronymic (all authors in the sequence given in the application (form RP) and addition to the application (form RP / DOP))
Rights holder: name (name) of the right holder (s) (indicated as it is given in column 1 of the RP form)
Program: The name of the computer program (indicated as it is given in column 3 of the RP forms)
Annotation: Indicates the purpose, scope, functionality.
(approximately 10-12 lines of content.
For example:
The program is designed for ... and (can) be used (used) in ...
The program provides the following functions: [...].
Type of computer:
Tongue:
OS:
The volume of the program: the amount of source text in Kb or Mb .
Authors: Surnames of the Name of the Patronymic (all authors in the sequence given in the application (form RP) and addition to the application (form RP / DOP))
Rights holder: name (name) of the right holder (s) (indicated as it is given in column 1 of the RP form)
Program: The name of the computer program (indicated as it is given in column 3 of the RP forms)
Annotation: Indicates the purpose, scope, functionality.
(approximately 10-12 lines of content.
For example:
The program is designed for ... and (can) be used (used) in ...
The program provides the following functions: [...].
Type of computer:
Tongue:
OS:
The volume of the program: the amount of source text in Kb or Mb .
We sign the statement with the author, with the manager, put the number, put the seal.
The source code text together with the title page is stitched, we fasten the threads behind the sheet, we sign it with the manager, we put the seal on the post (the seal must be affixed partly on the fixing sheet, partially - on the printout of the source code).
Power of attorney
Instructions
These instructions are applicable to the power of attorney in the case of the database and topology of integrated circuits, it is only necessary to make the appropriate substitutions in the text.
Trustee - jur. The person, the authorized representative - physical. face.
Power of Attorney (center)
Moscow (or another place of issuance of power of attorney, centered on the left edge) dd.mm.yyyy (date is centered on the right edge, two entries must be distributed along the edges)
The full name of the legal owner - a legal entity, including the indication of OGRN and the address of state registration , being the owner of the exclusive right to the computer program " The name of the computer program is indicated in full compliance with column 3 of the application (RP form) ", represented by leader, name, surname, patronymic, acting under the Charter or otherwise pursuant to this trusts his representative Full name, passport data management with the Federal service for intellectual property and Feder nym state budget institution "Federal Institute of Industrial Property" of cases related to state registration of the above computer program, which authorizes the representative to carry out the following steps:
Unnecessary to remove.
• sign an application and other documents and application materials for the state registration of the above computer program;
• submit application documents for registration and provide additional explanations;
• make the necessary additions, clarifications, corrections and changes to the submitted documents and materials, including the abstract (except for the deposited identifying materials);
• apply for withdrawal of the application for state registration;
• receive a certificate of state registration and other documents related to the state registration of the above computer program;
• perform other legally significant actions related to the state registration of the above computer program.
Please note that even if you want to issue a power of attorney for 3 years (maximum term), you still need to register this term, otherwise the power of attorney will be considered invalid.
In general, safely put three years.
This power of attorney is valid for a period of time in words from the date of its issuance.
Below two sentences must fit in two lines.
Sample Signature Last Name I.O. (we observe the case, the full name, of course, of the representative, that is, most likely yours) ___________ I certify.
Position of the head ___________ I.O. Surname
Contact details of the representative:
Phone: ( city code ) phone number
E-mail: email address of mail
Trustee - jur. The person, the authorized representative - physical. face.
Power of Attorney (center)
Moscow (or another place of issuance of power of attorney, centered on the left edge) dd.mm.yyyy (date is centered on the right edge, two entries must be distributed along the edges)
The full name of the legal owner - a legal entity, including the indication of OGRN and the address of state registration , being the owner of the exclusive right to the computer program " The name of the computer program is indicated in full compliance with column 3 of the application (RP form) ", represented by leader, name, surname, patronymic, acting under the Charter or otherwise pursuant to this trusts his representative Full name, passport data management with the Federal service for intellectual property and Feder nym state budget institution "Federal Institute of Industrial Property" of cases related to state registration of the above computer program, which authorizes the representative to carry out the following steps:
Unnecessary to remove.
• sign an application and other documents and application materials for the state registration of the above computer program;
• submit application documents for registration and provide additional explanations;
• make the necessary additions, clarifications, corrections and changes to the submitted documents and materials, including the abstract (except for the deposited identifying materials);
• apply for withdrawal of the application for state registration;
• receive a certificate of state registration and other documents related to the state registration of the above computer program;
• perform other legally significant actions related to the state registration of the above computer program.
Please note that even if you want to issue a power of attorney for 3 years (maximum term), you still need to register this term, otherwise the power of attorney will be considered invalid.
In general, safely put three years.
This power of attorney is valid for a period of time in words from the date of its issuance.
Below two sentences must fit in two lines.
Sample Signature Last Name I.O. (we observe the case, the full name, of course, of the representative, that is, most likely yours) ___________ I certify.
Position of the head ___________ I.O. Surname
Contact details of the representative:
Phone: ( city code ) phone number
E-mail: email address of mail
A power of attorney is needed if your manager decides to shift all body movements (body types see the example) regarding the application for you. Theoretically, if you are going to conduct business through mail, you may not need a power of attorney.
We sign the power of attorney ourselves (if you are a representative), give the signature to the head, put a number, put a stamp (with the seizure of the position of the head or from scratch, if the power of attorney is issued on the head form).
Payment document on the payment of state. duties
Requisites
Memo on the payment of state. duties
Reference manual (not an official document) - compiled on the basis of regulatory materials
Version 10.09.2012
The law on amending the Tax Code of the Russian Federation was published in the Russian newspaper on December 29, 2009.
Consultations on the payment of state duty: tel .: (499) 240-63-54, 240-24-64, (495) 531-66-05.
E-mail: otd69@rupto.ru, mfomichev@rupto.ru
MEMO ON PAYMENT OF STATE DUTY,
paid when applying to the authorized federal executive body for intellectual property (the Federal Service for Intellectual Property - Rospatent) for taking actions on the state registration of a computer program (PC), a database (DB) and topology IC (TIMS), as well as for registration agreement on the alienation of rights exclusively and the transfer of an exclusive right without an agreement on the specified results of intellectual activity (for the TIMS - an additional licensing agreement and an agreement for ord).
For the state registration of the computer, database, TIMS and other actions related to the state registration of the computer, database and TIMS, as well as registration of the agreement on alienation of the exclusive right and transfer of the exclusive right without the agreement (transfer of the right), and for TIMS - an additional license agreement and pledge agreement , a state fee (state duty) is charged, which is paid only by the applicant himself in the amount and manner established by the Tax Code of the Russian Federation (NK RF). The state duty is paid by the applicants - organizations in a cashless form by transferring the amount of the corresponding state duty (the amount of the state duty is set out in Article 333.30 of Chapter 25.3 of the RF Tax Code). The recipient of the payment is the Interregional Operational Financial Control Office (Federal Service for Intellectual Property). The state duty is paid only in rubles of the Russian Federation .
Attention:
1. The state duty must be paid before filing an application for registration or before filing documents for registration of a transfer of title - art. 333.18 of the Tax Code of the Russian Federation, and the payment document (PD) must be included in the composition of the application or in the composition of the documents filed for registration of the transfer of rights.
2. Assignment in. The application number is carried out only if it contains document (s) confirming the state duty payment in the prescribed amount and order, and in which all provided details of the payee are correctly indicated.
Details for the payment of state fees:
Recipient:
Interregional Operational UFK (Federal Service for Intellectual Property),
TIN 7730176088,
KPP 773001001,
BIC 044501002,
Sc. No. 40101810500000001901,
CSC 16810809000011000110,
OKATO 45268554000
Recipient bank: OPERU-1 Bank of Russia, Moscow 701 (no correspondent account)
Personal account: 04731001680
Reference: OKPO (payment manager) 00038971, OGRN (payment manager) 1047730015200 from 06.24.04
Attention! Specifying BCF in the payment document is required!
Payment of the state fee when submitting several applications by one applicant is carried out by separate payment documents for each application .
In accordance with the provisions of Articles 333.16 - 333.18 and 45 of the Tax Code of the Russian Federation, the applicant must pay the state duty only on his own ! In the event that the applicants are several persons, the state duty is paid by them in equal shares ! (Clause 2 of Article 333.30 of the Tax Code of the Russian Federation).
If organizations and individuals who are holders of PCs, DBs and TIMS apply for performing the action specified in clause 1 of article 330.30, the amount of state duty paid by each payer is determined proportionally to the number of payers on the basis of clause 2 of article 333.18 of the RF Tax Code on the basis of established amounts for organizations and individuals. Thus, when submitting an application by several applicants, each applicant must independently pay his share of state duty, with the provision of his PD (number of PDs in the application = number of applicants!).
The size of the state duty is established by article 333.30 of the Tax Code of the Russian Federation on the basis of the Federal Law of the Russian Federation of December 27, 2009 No. 374- “On Amendments to Article 45 of Part One and Chapter 253 of Part Two of the Tax Code of the Russian Federation ...”
State duty for state registration of computer computers, databases, TIMS Art. 333.30 p. 1
1) for state registration of computer computers, DB and TIMS, respectively, in the Registry of computer programs, Registry of databases and Registry of TIMS, including issuing to the applicant a certificate of state registration of computer computers, databases and TIMS, as well as publishing information on the registered computer, database and TIMS in the official bulletin:
- for the organization of 2600 rubles.
- for an individual 1700 rubles.
The state duty for several applicants ( one certificate is issued for all applicants ) is calculated by dividing the amount of state duty by the number of applicants, for example:
For applicants - organizations
Number of applicants: 2 (or 3)
The total amount of state duty: 2600 rubles.
The share of each applicant to be paid: 1300 rubles. (or 866 rubles. 67 kop.)
For applicants - individuals
Number of applicants: 2 (or 3)
The total amount of state duty: 1700 rub.
The share of each applicant to be paid: 850 rubles. (or 566 rub. 67 kop.)
Other actions related to the state registration of the computer, database and TIMS
2) for making changes to the documents and materials for the application for registration of computer, database and TIMS before publication in the official bulletin:
- to organize 700 rubles.
- for an individual 700 rubles.
3) , :
— 1400 .
— 700 .
7) , . 333.30 . 1, 7):
— 800 .
— 800 .
, [ , 4) 6) . 1 . 333.30]
4) . , , , :
3000 . 1500 . , .
6) , :
1600 .
6100 .
[ 5) 6) . 1 . 333.30].
5) . , :
500 rub.
6) , :
1600 .
24.11.2004 № 106 ( 30.12.2010 № 197).
:
1) ,
2) ,
3) : , (, , ), , , : « ».
104 , 105 , 24 . 106-110 24.11.2004 № 106 ( 30.12.2010 № 197) «0». .
24:
1.1.333.30 ( 1 333.30 ) " , ". .
( 27 2009 . № 374- « 45 253 …»)
1. 4 1 333.35 , , , (253)
2. 14 1 333.35 , — , , , , , , , , () ( ), — , 1-3, 5 6 1 333.30 .
, , , , , , .
3. , 14 1 333.35, . , 14 1 333.35, (). : ( ), - , , . , , , .
Version 10.09.2012
The law on amending the Tax Code of the Russian Federation was published in the Russian newspaper on December 29, 2009.
Consultations on the payment of state duty: tel .: (499) 240-63-54, 240-24-64, (495) 531-66-05.
E-mail: otd69@rupto.ru, mfomichev@rupto.ru
MEMO ON PAYMENT OF STATE DUTY,
paid when applying to the authorized federal executive body for intellectual property (the Federal Service for Intellectual Property - Rospatent) for taking actions on the state registration of a computer program (PC), a database (DB) and topology IC (TIMS), as well as for registration agreement on the alienation of rights exclusively and the transfer of an exclusive right without an agreement on the specified results of intellectual activity (for the TIMS - an additional licensing agreement and an agreement for ord).
For the state registration of the computer, database, TIMS and other actions related to the state registration of the computer, database and TIMS, as well as registration of the agreement on alienation of the exclusive right and transfer of the exclusive right without the agreement (transfer of the right), and for TIMS - an additional license agreement and pledge agreement , a state fee (state duty) is charged, which is paid only by the applicant himself in the amount and manner established by the Tax Code of the Russian Federation (NK RF). The state duty is paid by the applicants - organizations in a cashless form by transferring the amount of the corresponding state duty (the amount of the state duty is set out in Article 333.30 of Chapter 25.3 of the RF Tax Code). The recipient of the payment is the Interregional Operational Financial Control Office (Federal Service for Intellectual Property). The state duty is paid only in rubles of the Russian Federation .
Attention:
1. The state duty must be paid before filing an application for registration or before filing documents for registration of a transfer of title - art. 333.18 of the Tax Code of the Russian Federation, and the payment document (PD) must be included in the composition of the application or in the composition of the documents filed for registration of the transfer of rights.
2. Assignment in. The application number is carried out only if it contains document (s) confirming the state duty payment in the prescribed amount and order, and in which all provided details of the payee are correctly indicated.
Details for the payment of state fees:
Recipient:
Interregional Operational UFK (Federal Service for Intellectual Property),
TIN 7730176088,
KPP 773001001,
BIC 044501002,
Sc. No. 40101810500000001901,
CSC 16810809000011000110,
OKATO 45268554000
Recipient bank: OPERU-1 Bank of Russia, Moscow 701 (no correspondent account)
Personal account: 04731001680
Reference: OKPO (payment manager) 00038971, OGRN (payment manager) 1047730015200 from 06.24.04
Attention! Specifying BCF in the payment document is required!
Payment of the state fee when submitting several applications by one applicant is carried out by separate payment documents for each application .
In accordance with the provisions of Articles 333.16 - 333.18 and 45 of the Tax Code of the Russian Federation, the applicant must pay the state duty only on his own ! In the event that the applicants are several persons, the state duty is paid by them in equal shares ! (Clause 2 of Article 333.30 of the Tax Code of the Russian Federation).
If organizations and individuals who are holders of PCs, DBs and TIMS apply for performing the action specified in clause 1 of article 330.30, the amount of state duty paid by each payer is determined proportionally to the number of payers on the basis of clause 2 of article 333.18 of the RF Tax Code on the basis of established amounts for organizations and individuals. Thus, when submitting an application by several applicants, each applicant must independently pay his share of state duty, with the provision of his PD (number of PDs in the application = number of applicants!).
The size of the state duty is established by article 333.30 of the Tax Code of the Russian Federation on the basis of the Federal Law of the Russian Federation of December 27, 2009 No. 374- “On Amendments to Article 45 of Part One and Chapter 253 of Part Two of the Tax Code of the Russian Federation ...”
State duty for state registration of computer computers, databases, TIMS Art. 333.30 p. 1
1) for state registration of computer computers, DB and TIMS, respectively, in the Registry of computer programs, Registry of databases and Registry of TIMS, including issuing to the applicant a certificate of state registration of computer computers, databases and TIMS, as well as publishing information on the registered computer, database and TIMS in the official bulletin:
- for the organization of 2600 rubles.
- for an individual 1700 rubles.
The state duty for several applicants ( one certificate is issued for all applicants ) is calculated by dividing the amount of state duty by the number of applicants, for example:
For applicants - organizations
Number of applicants: 2 (or 3)
The total amount of state duty: 2600 rubles.
The share of each applicant to be paid: 1300 rubles. (or 866 rubles. 67 kop.)
For applicants - individuals
Number of applicants: 2 (or 3)
The total amount of state duty: 1700 rub.
The share of each applicant to be paid: 850 rubles. (or 566 rub. 67 kop.)
Other actions related to the state registration of the computer, database and TIMS
2) for making changes to the documents and materials for the application for registration of computer, database and TIMS before publication in the official bulletin:
- to organize 700 rubles.
- for an individual 700 rubles.
3) , :
— 1400 .
— 700 .
7) , . 333.30 . 1, 7):
— 800 .
— 800 .
, [ , 4) 6) . 1 . 333.30]
4) . , , , :
3000 . 1500 . , .
6) , :
1600 .
6100 .
[ 5) 6) . 1 . 333.30].
5) . , :
500 rub.
6) , :
1600 .
24.11.2004 № 106 ( 30.12.2010 № 197).
:
1) ,
2) ,
3) : , (, , ), , , : « ».
104 , 105 , 24 . 106-110 24.11.2004 № 106 ( 30.12.2010 № 197) «0». .
24:
1.1.333.30 ( 1 333.30 ) " , ". .
( 27 2009 . № 374- « 45 253 …»)
1. 4 1 333.35 , , , (253)
2. 14 1 333.35 , — , , , , , , , , () ( ), — , 1-3, 5 6 1 333.30 .
, , , , , , .
3. , 14 1 333.35, . , 14 1 333.35, (). : ( ), - , , . , , , .
Documents overlap, do not throw slippers.
At this paperwork application is over. Collect everything in a heap, read how, when and where you can apply for the state. registration and act in accordance with the selected item.
If possible, choose the first item (and do not forget the passport, public transport stop - opposite the European one under the clock). In this case, they will also prompt you on the spot what is wrong (the FIPS officer accepts the documents, takes you into the room, checks the documents, and affix the application number).
Pay attention if your organization is related to the Ministry of Defense, Rosatom, Roskosmos, etc. (or the computer program is created under an agreement with similar organizations), you will most likely be asked for a piece of paper confirming that your computer program does not contain state the secret.
Try to keep your documents in order, because the request for FIPS employees is given 2 months, and more often they still wait for the deadline to expire to send the request to the applicant. I have been waiting for my request for about 25 working days, and I need to respond to the request 4 months after it was sent by the FIPS employee, so I’ve only got about 3 months to answer it. Although, for some it may not be a particular problem But there may be cases when the remaining time may not be enough to collect the missing materials, or it is necessary to arrange the state as soon as possible. registration, and then the post of Russia + zealous staff of FIPS.
In my opinion, you can submit a petition to extend the deadline for submission of materials at the request of the FIPS officer (whether it is paid or not, not up to date). The occurrence of such cases (the need to extend the deadlines) is unlikely, so I would advise anyone to inquire (do not throw slippers) to call the FIPS directly or check with the receiving employee on the spot.
About signatures. If the documents will be signed not by the head of the organization, but by some of his deputies, then it is necessary to provide a document confirming such powers of the deputy (a copy of the Charter or Power of Attorney). But, in theory, such documents are also certified by the head, so that horseradish radish is not sweeter.
Important:
- note that the name of the computer should be the same in all documents!
- if the owners are two or more legal entities. persons, then (according to the instruction on duties) each jur. the person pays his own share of the duty, and no perversions and approaches here will save;
- even in the requirements for the design of materials it is written that the volume of them, as a rule , is 70 pages, the FIPS officer assured me that with a larger volume of pages, the application will not be accepted (even with a justification attached, why do I consider submit for state registration). I do not advise checking the accuracy of this statement;
- the difference between the state registration of computer programs from the state. database registration only in the replacement of words computer programon the Database , well, and some differences in the design of materials and the abstract (this is all well written in Appendix 5 to the Administrative Regulations).
PS: the presented materials were obtained as a result of communication with FIPS, please treat with understanding and refrain from excessive distribution.
upd (10/24/2013): work on mistakes, so to speak:
1. You do not need to put a date under the signature in the covering letter, because the letter is written on the letterhead of the organization, and when registering the letter, the date is also entered. (And “you” is written as “you”).
2. The payment document is written by someone from the bank, the seal of them.
3. If you suddenly use this material, just in case, recheck the amount of duties and details.
Source: https://habr.com/ru/post/288382/
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