How to prodvat use rights to your program?

Question

Programming

We are at point A:
We have an LLC (on a common NO system), in OKVEDs of which software development is also registered.
There is a software product that we sell and constantly improve. We sell to our beloved clients - closing with all sorts of otherworldly documents from a series of services. The development was not licensed or patented in any way (there is nothing unique and worthy of a patent in the software).

We want to point B:
Put sales on stream. Those. sign license agreements for the transfer of non-exclusive rights and sell software without VAT, as all decent software companies do.

So what is the path you need to go to get to B?
Surely many have it behind their backs, but I did not find fresh reviews.

Answer 1

As far as I understand, you are interested in issues related to intellectual property and, as a result, possible cases of its violation. And so let's start ...
The legislation of the Russian Federation in the field of intellectual property, copyright and related rights does not provide for the MANDATORY registration of such intellectual property objects as COMPUTER PROGRAMS and DATABASES (it is mandatory to register TOPOLOGIES OF INTEGRATED MICROCIRCUIT ), but meanwhile reserves for the author such a right enshrined in 4th part of the civil code, namely in Art. 1262 ... what follows from this:
1) In order to sell a product, you need, as a legal entity, to have the right to do so provided by the relevant OKVED (your humble servant is not strong here, so I suggest you consult with accountants, as there will be several of them (OKVEDs) - retail / wholesale , there are still factors) ... and in general, EVERYTHING , sell to your health.
2) Naturally, you would like to protect your product as intellectual property, and here you have two options:
___a) Precedent - i.e. You do not register your software with Rospatent, but acquire material evidence of your authorship, for example, by entering into a supply agreement with anyone (preferably a partner, or even a “daughter”), the official appendix to which will be a listing of the program code, or technical documentation that exhaustively describes the functionality and appointment and most importantly emphasizes ORIGIN, i.e. a couple of times it will contain the wording: “developed by the engineers of Spherical Horse in Vacuum LLC of such and such a month of such and such a year. Further, in the event of a violation, you will have to go through the court, which, in the presence of the above-mentioned material evidence of authorship, will be guaranteed in your favor ... such a procedure, when a certain person defends authorship that arose before the dispute, in practice is called "reinstatement in copyright" ... it does not give any regalia, but in all subsequent proceedings, you can easily refer to this positive court decision - which again guarantees you victory in the proceedings.
This approach is very cost-effective if you maintain a staff of lawyers, since during such proceedings you can “squeeze” more, plus your lawyers will feed themselves at the expense of the losing party, including their services, which the loser is obliged to reimburse by law.
It also indirectly protects you from intercepting the initiative on the part of the regulatory authorities, more on that later ... Since your proceedings are held in a civil law manner, and with a high degree of probability they will generally go to arbitration.
__b) Canonical - you register your right with Rospatent, prepare a license agreement(please note that the license agreement should not contradict the norms of the Civil Code, and this is not easy, because you can’t even prohibit disassembly if your opponent in the dispute refers to his right to adapt, I already spoke about this here), with all the ensuing "tsatskas and peppers" that are widely spread throughout the 4th part of the Civil Code, which seems to guarantee you the protection of your right, which absolutely does not mean that you will not have to sue "if anything" it will be much easier for you, in decisions that are especially ridiculous in a situation can generally be made in absentia ... but there are several “pitfalls”, one of them is the double jurisdiction of the one who violated your copyright, and here already “who first got up and slippers”, i.e. if the inspection authorities rushed ahead of you to convict the violator and fine him under the CAP, then you, filing against him after him in a civil law order, risk receiving a thrashing or a meager amount of compensation, since “multiple jurisdiction” (i.e. subsequent proceedings on the basis of one and the same same crime) is usually interpreted by the courts as a mitigating circumstance,
And one more thing that I promised to tell further: If the inspection bodies detect violations of your right, they are by no means obliged to even notify you, which they do not do in good faith, the state prosecution is absolutely not obliged to include the interests of the copyright holder in the claim, or involve him in the proceedings , the checkboxes will be ticked, the fines will be paid in favor of “To the Ministry of Internal Affairs / FSTEK / FSB”, and you may not even know how the law protected you. Like this…

Answer 2

About rights here dou.ua/lenta/articles/copyright-for-programmer-p5/