Checking Computer Software

Under section 2 of Article 19 of the Constitution: "The state authorities and local governments and their officials are obliged to act only on the basis, within the powers and the way in which the Constitution and laws of Ukraine. " Monitoring of compliance with the subjects of management legislation in the field of intellectual property may exercise: 1) The Department of State Intellectual Property (hereinafter – the Department), 2) Public service of struggle against economic crime (hereinafter – GSBEP) 3) The prosecutor's office, and 4) the Tax Inspectorate. According to Article 18 of the Law of Ukraine "On Copyright and Related rights "of computer programs are protected as literary works. Such protection applies to computer programs, whatever the mode or form of expression. Computer programs, databases, refer to objects of intellectual property law. Their use is possible only with permission, ie person or entity that owns the property rights, including the exclusive right give permission to use intellectual property rights. Computer programs, databases, stored on magnetic (floppy disk, hard disk drive – the hard drive) or optical media (mostly CD-ROM), which is a material component software (hereinafter – the software). Therefore, when buying "pirated" CDs recorded on it, "cracked" software or database you legally acquired only CD-ROM as a material object, and recorded on it the software is stolen, because ownership had not been transferred properly. ACQUISITION OF THE SOFTWARE LEGAL In circulation (licensed software). In accordance with Part 3 of the Civil Code st.426 (hereinafter – the Civil Code of Ukraine) the use of an object of intellectual property by another person with permission of the person having the exclusive right to authorize use of an object of intellectual property law, except in cases of legitimate use without a permit under the Civil Code of Ukraine and other law.