ARMENIA LAW AND PRACTICE Contributed by: Aram Orbelyan, Narine Beglaryan, Artur Hovhannisyan, Lilit Karapetyan, Sarkis Knyazyan and Shushanik Stepanyan, Concern Dialog
7.5 Others There are no specific regulations for the protec - tion of software; software is subject to copyright protection under general rules. According to the Law on Copyright and Relat - ed Rights, a “database” means a collection of works, data or other independent materials arranged in a systematic or methodical way, the individual elements of which shall be separately accessible by electronic or other means, and the acquisition, verification or presentation thereof shall require a substantial qualitative and/or quantitative contribution. The maker of a database shall be deemed any person by whose initiative and on whose own responsibility a substantial qualitative and/or quantitative contribution is made for the acqui - sition, verification or presentation of the content of the database. The rights of a database developer shall arise from the moment of completing the develop - ment of the database and shall have effect for 15 years. Trade Secrets There is no specific definition of “trade secret” in the Armenian legislation. Article 141 of the RA Civil Code provides a definition and protection for ”Information Constituting an Employment, Commercial, or Banking Secret”. Information constitutes an employment, com - mercial, or banking secret, when such informa - tion has an actual or potential commercial value by virtue of it being unknown to third persons when there is no free access thereto on a legal basis, and when the holder of the information takes measures for the protection of its confi - dentiality.
• photographic works and works created by analogous modes, which comply with the provisions of the law; • works of urban planning, architecture, land - scaping and their solutions both in whole and separate parts thereof; • maps, plans, sketches and plastic works related to geography, topography, geology, urban planning, architecture and other sci - ences; • derivative works (translations, adaptations of works, changes, arrangements and rear - rangements, stage versions, audiovisual adaptations and other transformations of works in the scientific, literary and art domain, which are in compliance with the law; col - lections of works (encyclopedias, antholo - gies), databases and other composite works, which are, by reason of the selection and (or) arrangement of their contents, results of a creative work; parts (titles, personages, etc) of a work, which are in compliance with the law and can be used separately; • fonts; and • other works in compliance with the law. Copyright does not require registration. Authors have the exclusive right to use their creations as they wish and to prohibit or author - ise their use by third parties. The infringement of copyright can result in civil and/or criminal liability. Authors’ economic rights are protected during the authors’ lifetimes, plus 70 years after their death. The intangible (moral) rights are inalien - able and non-transferable and are not subject to exhaustion with the exception of the right to withdrawal, which runs for the life of the author.
31
CHAMBERS.COM
Powered by FlippingBook