CRIMINAL LEGAL PROTECTION OF RIGHTS TO COMPUTER PROGRAMS

  • Vladimir M. ELIN Department of Information Security of the Financial University under the Government of the Russian Federation; Department of State-Legal and Criminal Law Disciplines of G.V. Plekhanov Russian University of Economics, Moscow, Russia
DOI: https://doi.org/10.17323/tis.2022.14215
Keywords: computer programs, counterfeit, plagiarism, copyright infringement, registration of computer programs, modification of computer programs, decompilation of computer programs

Abstract

The article reveals the importance of computer programs in the conditions of application of modern information technologies. The characteristic of the computer program as an object of law, its legal status is given. Based on the presented statistics of the Ministry of Internal Affairs of the Russian Federation on the state of crime, a conclusion was made about a decrease in the number of cases identified and sent to court in this category. The author concludes that the tools of criminal law do not assist in protecting the rights of authors and copyright holders of computer programs due to the presence of systemic problems.

The author reveals the disposition of Article 146 of the Criminal Code of the Russian Federation. Characterizes criminal acts in relation to computer programs: plagiarism, counterfeit, illegal use. The paper concludes that it is necessary to include a special rule in the Criminal Code to attract criminal law tools to protect the rights of authors and copyright holders of computer programs.

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Author Biography

Vladimir M. ELIN, Department of Information Security of the Financial University under the Government of the Russian Federation; Department of State-Legal and Criminal Law Disciplines of G.V. Plekhanov Russian University of Economics, Moscow, Russia

V.M. Elin — Candidate of Pedagogy, Associate Professor, associate fellow of the UNESCO Chair on Copyright, Neighboring, Cultural and Information Rights of the National Research University Higher School of Economics

Published
2022-04-12
Issue
Vol 40 No 1 (2022): SCIENTIFIC JOURNAL OF THE UNESCO DEPARTMENT FOR COPYRIGHT, RELATED, CULTURAL AND INFORMATION RIGHTS
Section
Information. Cyberspace. Human rights.