ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE, YOUTH AND SPORT OF UKRAINE

of March 22, 2012 No. 332

About approval of the Regulations on the Register of vendors and distributors of the software

According to the Regulations on the Ministry of Education and Science, youth and sport of Ukraine approved by the Presidential decree of Ukraine of April 08, 2011 No. 410, the subitem 22 of item 4 of the Regulations on Public service of intellectual property of Ukraine approved by the Presidential decree of Ukraine of April 08, 2011 No. 436 and on accomplishment of the 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" and for the purpose of creation and maintaining the Register of vendors and distributors of the software of PRIKAZYVAYU:

1. Approve Regulations on the Register of vendors and distributors of the software which are applied.

2. No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" to provide to public service of intellectual property of Ukraine according to the Presidential decree of Ukraine of October 03, 1992 submission of this order on state registration in the Ministry of Justice of Ukraine.

3. To impose control over the implementation of this order on the Chairman of Public service of intellectual property of Ukraine Paladiya M. V.

4. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Education and Science, youth and sport of Ukraine of March 22, 2012 No. 332

Regulations on the Register of vendors and distributors of the software

I. General provisions

1.1. This Provision establishes procedure for maintaining and use of the Register of vendors and distributors of the software (further - the Register), introduction in it of information about vendors and distributors of the software, and also provision of information from it.

1.2. The purposes of maintaining the Register are:

creation of directory base concerning production and software distribution;

forming of data of the Register for carrying out statistical observations concerning production and software distribution;

provision of data from the Register on activities of vendors and/or distributors of the software as copyright objects;

ensuring identification and accounting of vendors and distributors of the software;

creation of transparent and civilized competitive environment in the field of production and software distribution;

creation of conditions for development of infrastructure and mechanisms of functioning of the domestic industry of the software.

1.3. In this Provision terms are used in such value:

The administrator Reestra - the state company which falls within the scope of management of Public service of intellectual property of Ukraine;

the vendor - the subject of managing who performs production of the software in the territory of Ukraine;

The holder Reestra - Public service of intellectual property of Ukraine;

the applicant - the subject of managing who performs the activities connected with production and/or software distribution also filed petition for entering of data into the Register;

the user of data of the Register - public authorities, local government bodies, the companies, organizations, the organizations and physical persons;

the software - set of computer programs and related data containing the instructions suitable for reading by the computer which puts it in action for achievement of particular purpose or result;

The register is the specialized electronic database containing the information about vendors and distributors of the software which maintaining is performed in Ukrainian;

the distributor - the subject of managing who performs software distribution in the territory of Ukraine.

II. Forming and maintaining Register

2.1. Reestra performs forming and maintaining the Administrator Reestra.

2.2. Administrator Reestra:

accepts and considers the documents filed for entering of data into the Register;

prepares drafts of decisions on entering of data into the Register;

grants certificates on entering of data into the Register;

enters data in the Register;

performs actions for technical and programmnotekhnologichesky supply of functioning of the Register;

is responsible for its functioning, preserving the data entered in the Register;

provides the information from the Register;

performs other works connected with functioning of the Register.

2.3. Entering of information about applicants into the Register happens on a voluntary basis based on the submitted application for entering of data into the Register (further - the Statement) in the established form given in appendix 1 to this Provision.

2.4. The application is submitted to the Administrator Reestra with document package, stipulated in Item 2.5 it undressed which confirm activities of the applicant in industry of production and/or software distribution, personally the applicant (authorized by it person) or is sent them by the registered mail.

2.5. Are enclosed to the application:

the copy of the agreement on transfer (alienation) of property rights of subjects of copyright or agreements on assignment of rights on use of the software by its production and distribution of its copies, starting with the agreement under which property rights of subjects of copyright or the rights to use the software are transferred on the territory of Ukraine, or starting with the agreement under which property rights of subjects of copyright or the right to use the software, in case of these rights to the territories of Ukraine, are transferred from primary subjects of the specified rights;

copies of documents by which availability at the subject of managing of copyright of the software is confirmed;

copies of documents in which the permitted methods of use of the software are specified.

Their transfers into Ukrainian certified in accordance with the established procedure are applied to the documents constituted in foreign language.

2.6. The statement and copies of documents make sure: from legal entities - the signature of the official of the applicant which is sealed, from physical persons entrepreneurs - the personal signature of the applicant.

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