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Civil Legal Regulation of a Computer Program as a Resalt of Intellectual Activity

Student: Mukhgalin Aleksandr

Supervisor: Eduard Gavrilov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

According to research by Forbes for 2015, the most expensive IT companies in the world are named: Apple, Microsoft, Google, Facebook and Amazon. The main asset of such companies, according to the annual financial statements comprise the results of intellectual activity, expressed by means of trademarks, patents, know-how and computer programs. The last (computer programs) are one of the most expensive types of intellectual property because with the help of the software some of the IT giants reduce taxes, produce transactions on purchase (sale) of exclusive rights to the software, as well as capture emerging markets. However, despite the economic attractiveness of the software, there are certain problems of legal regulation of computer programs as the result of intellectual activity. The main goal of the study of civil-legal regulation of software as the result of intellectual activity, as well as analysis of existing legal regimes for the protection of computer programs. To achieve this goal it is necessary to solve following tasks: 1)to study the history of the development of the concept of "computer program"; 2) to describe the theoretical and doctrinal approaches to the definition of "computer program"; 3) to determine the correlation of the terms "computer program" and "computer program"; 4) analyse the legal framework of civil-legal regulation of computer programs; 5) conduct an analysis of the advantages and disadvantages of protection of software through copyright and patent law; 6) to study the legal regulation of the "cloud" programs. 7) to characterise the concept of "IT solution" on the basis of the practice of CIS SKOLKOVO and foreign legal literature. Structural final qualifying work consists of introduction, three chapters divided into paragraphs, conclusion and bibliography.

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