ORDER OF THE CABINET OF MINISTERS OF UKRAINE

of May 15, 2002 No. 247-r

About approval of the Concept of legalization of the software and fight against its illegal use

1. Approve the Concept of legalization of the software and fight against its illegal use it (is applied).

2. To provide to the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations realization of the tasks and provisions provided by the Concept of legalization of the software and fight against its illegal use during development of programs of informatization and drafts of regulatory legal acts.

3. Determine the Ministry of Economic Development and Trade the main contractor and the organizer of works on legalization of the software and fight against its illegal use with the assistance of the General Staff of Armed Forces.

Approved by the Order of the Cabinet of Ministers of Ukraine of May 15, 2002 No. 247-r

Concept of legalization of the software and fight against its illegal use

General provisions

This Concept determines fundamentals of government policy concerning legalization of the software and fight against its illegal use.

Imperfection of regulatory framework is basic reasons of wide use in the country of the non-licensed software, adverse conditions of market development of information technologies, lack of negative attitude in society to illegal use of the software and insolvency of the most part of the population to acquire the legal software because of its high price and so forth.

Legalization of the software is directed to establishment of effective system of legal protection of the software as object of copyright and answers country rate the European integration.

The concept provides holding the actions connected with enhancement and market development of the software.

Purpose and tasks

The purpose of the Concept consists in determination of the scientific and practical actions directed to enhancement of regulatory framework concerning legalization of the software and fight against its illegal use, development of recommendations concerning increase in efficiency of application of the legislation in noted sphere, creation of the mechanism of counteraction to illegal use of the software.

For achievement of noted purpose it is necessary to solve number of tasks, in particular:

develop and adopt the regulatory legal acts directed to enhancement and development of the legislation concerning protection of intellectual property rights in the sphere of the software;

develop recommendations concerning enhancement of the organization of fight against illegal creation, distribution and use of the software;

perform measures concerning reorganization of the domestic industry of the software.

Condition and problems of legalization of the software

For the last decade uses of information technologies in the world grows at prompt rates, their basis is constituted by the software - product of intellectual activities which belongs at the same time to spheres of information technologies and copyright.

Computers, computer networks and the software for their joint functioning is basis of formation of modern production, financial and business technologies in world economy which needs considerable amounts of the new software which market in the world constantly increases.

Use of the non-licensed software constitutes serious obstacle on the way of market development of information technologies, constrains international cooperation, promotes development of the shadow sector and other negative consequences. Possibilities of investment of the sphere of information technologies by the international financial and production structures, the complex problem resolution of lawful use of intellectual property items and so forth are lost.

Development of information technologies in the country will be promoted by carrying out complex of the actions directed to use in all fields of activity only of licensed software, enhancement of the legislation on copyright and the related rights concerning use of the software taking into account its specifics.

Legalization of the software

In Ukraine the wide range of the software, in particular operating systems of computers of general purpose and local computer networks, the software for access to global computer networks, application software, database management systems, electronic document management systems, programs for ensuring transfer, spell check and dictionaries, publishing editors, editors of vector and raster graphics, tools of creation of information retrieval subsystems and programming, accounting programs, the anti-virus software, archivers and so forth is used. Among them there is well-known software of foreign producers and created by the domestic organizations and divisions of public authorities.

Concerning legalization of the software in public authorities it is possible to carry to the main organizational measures:

determination of requirements to the software which is used;

prohibition of illegal installation of the new software;

obligation of acquisition of licensed software during purchase of the computer equipment;

plan development of transition to the licensed localized software;

use of free analogs of the commercial software.

prediscretion the General state customer in annual tasks (projects) of the National program of informatization:

- development of methodical recommendations about carrying out audit of the software;

- development of regulating and methodical documentation concerning fight against illegal use of the software;

- creation of directory system concerning distribution and use of licensed software;

- creation and maintaining register of producers and distributors of the software.

In tasks of the Program of informatization of general education educational institutions, computerization of rural schools to provide:

development of methodical recommendations concerning the equipment of offices of informatics for general education educational institutions;

creation of the control system of delivery and use of the computer equipment and the software in educational institutions;

forming of the electronic register is license net training programs and electronic library of educational compact disks.

Organization of fight against illegal use of the software

One of main types of offenses rather program providing is counterfeiting which kinds are reconstruction, distribution and use of the software without permission of the copyright owner to these works (computer piracy).

Types of illegal use of the software which can be qualified as copyright violation:

sale of the computer equipment together with illegally the established software;

replication and distribution of copies program providing on data carriers without the permission of the copyright owner;

illegal distribution of the software through telecommunication networks (The Internet, e-mail and so forth);

illegal use of the software by the user.

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