Copyright agreement (public offer) for the placement of copyrighted materials in the FIPS Bulletin magazine
The Federal State Budgetary Institution "Federal Institute of Industrial Property" (FIPS), hereinafter referred to as the "Publisher", offers an indefinite circle of persons (hereinafter referred to as the Author or Authors) to conclude this copyright agreement on the publication of scientific materials, articles (hereinafter referred to as the Copyright Materials) in the journal "Bulletin of FIPS" (hereinafter referred to as the Agreement) for the following conditions. This Agreement defines the relationship between the Publisher of the FIPS Bulletin magazine, registered with the Ministry of Press, Television and Radio Broadcasting and Mass Media of the Russian Federation, registration certificate PI No. FS77-85468; E-series No. FS77-85469 dated June 13, 2023, and the Author (or other copyright holder) who accepted the public offer (offer) on the conclusion of this Agreement. This Agreement, in accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, is a public offer, the full and unconditional acceptance of which, in accordance with Article 438 of the Civil Code of the Russian Federation, is considered to be the transfer of the Author's copyrighted materials to the Publisher.
1. CONCEPTS USED IN THE CONTRACT The author is an individual (persons) whose creative work created the Author's material. Author's material – scientific articles, scientific reviews, scientific reviews, other scientific, scientific and practical materials submitted by the Author for publication in the journal. Acceptance of the offer is the full and unconditional acceptance of the offer. The magazine is the FIPS Bulletin magazine. An application is an electronic request from the Author to the Publisher for the publication of the Author's material in the Journal by sending the Author's material to the Editorial Office of the Journal. vestnik_fips@rupto.ru or filling out the application form posted on the Publisher's website on the Internet at: https://www.vestnikfips.ru/authors/send-article /. The publisher is the Federal State Budgetary Institution Federal Institute of Industrial Property (FIPS) (TIN 7730036073, OGRN 1027739154343, legal address: Berezhkovskaya nab., 30, building 1, Moscow, G-59, GSP-3, 125993; https://fips.ru ), which is the founder and publisher of the journal. Offer – this Agreement (an offer to the Author to publish the author's material), posted on the website https://www.vestnikfips.ru /. Publication is the placement of the Author's material in the Journal. The editorial staff of the Journal is a creative team responsible for the preparation and publication of the Journal. The guidelines for authors are the requirements for materials submitted for publication in the Journal and the rules for their review, posted on the Journal's website on the Internet at: https://www.vestnikfips.ru /. The parties are the Author and the Publisher when mentioned together. The service is the placement (publication) of the Author's material in the Journal based on the Author's Application.
2. SUBJECT OF THE AGREEMENT
2.1. The Author grants the Publisher, free of charge, for the duration of the copyright provided for by the current legislation of the Russian Federation, the right, in accordance with Clause 2 of Article 1270 of the Civil Code of the Russian Federation and this Agreement, to use the Author's material created by the Author for publication in the journal Vestnik FIPS under an exclusive license.
2.2. The rights to use the Copyrighted Material transferred under this Agreement include: reproduction of the Author's material in any material form, including on paper and electronic media, in the Journal and/or databases of the Publisher and/or third parties at the discretion of the Publisher, in accordance with the agreements concluded by the Publisher; distribution of the Author's material in the Journal and/or databases of the Publisher and/or third parties at the discretion of the Publisher; making the Author's Material publicly available in such a way that any person can access the Author's Material from any place and at any time of their choice (including via the Internet); granting permission to use the Copyrighted Material obtained under this Agreement and transfer the rights to third parties at the discretion of the Publisher; proofreading, editing, formatting of the author's material; translation of the Author's material into foreign languages and the use of the translated Author's material in the specified ways. The territory in which the use of Copyright rights is allowed is not limited. The validity of this Agreement arises from the moment the Author submits the Author's material to the Journal. If the Publisher decides to refuse to publish the Author's material in the Journal, this Agreement becomes invalid. The decision to refuse publication is sent to the Author at the e-mail address specified in the Application. The Publisher undertakes to provide the Author with Services related to the publication of the Author's material in the Journal during the term of the Agreement.
3. TERMS OF SERVICE PROVISION
3.1. The author provides Copyrighted materials that meet the requirements of the offer and are designed in accordance with the Guidelines for authors posted on the website. https://www.vestnikfips.ru /.
3.2. The Author accepts (fully and unconditionally accepts) the offer in accordance with clause 5.2 of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The author guarantees: The author has exclusive rights to the Copyrighted material; The author's material has not previously been transferred to anyone for reproduction or other use.; The copyrighted material provided under this Agreement does not violate the rights of third parties. It contains all the references provided by the current copyright legislation to the cited authors and/or publications (materials); The author has obtained all necessary permissions for the results, facts and other borrowed materials, of which the Author is not the copyright holder.; The author's material does not contain information that is not subject to publication in the open press, in accordance with the current legislative acts of the Russian Federation, and its publication and dissemination will not lead to the disclosure of classified (confidential) information (including state secrets).
4.2. The Author undertakes: to provide the Author's material, designed in accordance with the requirements of the Publisher, set out in the Requirements for materials sent for publication in the journal "Bulletin of FIPS", posted on the website of the Publisher of the Journal. https://www.vestnikfips.ru /; inform other co-authors about the terms of this Agreement and obtain the consent of all co-authors to conclude it on the terms stipulated in this Agreement. do not use an electronic copy of the copyright materials prepared by the Publisher for commercial purposes and in other publications without the consent of the Publisher. observe the following ethical principles: The author (or the team of authors) is primarily responsible for the novelty and reliability of the submitted Copyright material.; The author should not submit to the Journal Author's material that has been sent to another journal (publisher) and/or is under consideration for publication in another journal (publisher), as well as Author's material that has already been published in another journal (publisher); The author should not re-submit the Author's material devoted to the same research as the original one. If the elements of the Author's Material have been previously published, the Author is obliged to refer to such a publication and indicate the significant difference between the new Author's material and the previously published one. The author is also obliged to identify the relationship of the new Author's material with the conclusions of the previous one. Verbatim copying or paraphrasing of previous Copyrighted materials is unacceptable.; The borrowed fragments or statements must be formalized with the obligatory indication of the original source. Excessive borrowing, plagiarism in any form (unformulated quotations, paraphrasing, or attribution of rights to the results of other people's research) is unacceptable.; All persons who have made a significant contribution to the preparation and writing of the Author's Materials should be indicated as co-authors of the Author's material. All co-authors must approve the final version of the Author's material and agree to its publication.; The author(s) is responsible for the accuracy of the information provided, the absence of data that is not subject to public publication, the accuracy and completeness of information on the cited literature. The author guarantees the Editorial Board compensation for damages in case of detection of such violations.; The author must disclose in the Author's Material significant conflicts of interest that could influence the results or conclusions presented in the Author's Material. The author must also list all sources of financing for the preparation and writing of the Author's material or indicate the absence of such sources.; If the Author discovers significant errors or inaccuracies in the Author's Material at the review stage or after publication, he must immediately notify the Publisher.; When writing Author's material and when interacting with the Publisher (Editorial Staff), the Author should rely on the Guidelines for Authors posted on the Publisher's website. https://www.vestnikfips.ru/authors /.
4.3. The author has the right: to transfer a copy of the Author's Material, in whole or in part, to third parties free of charge for their personal or professional use, to promote academic or scientific research, for educational and/or informational purposes of the employer.; to use materials from the published Author's material when writing a book; use individual figures or tables and text excerpts for your own learning purposes or to include them in other materials, for electronic presentation on an internal (secure) computer network or the website of the Author or his employer.; to include the Author's material in educational collections for use in the classroom, for free distribution of the material to the Author's students, or to save the material in electronic format on a local server for students to access as part of the course of study, as well as for internal training programs at the employer's institution.; in any subsequent permitted use of the published Author's material (including any separate part or fragment thereof), indicate the link to the Journal, Publisher, Author(s), title of the material, Journal number and year of publication. receive information about the preparation of Author's materials for publication in the Journal.
4.4. The Publisher undertakes to: 1) publish the Author's materials in accordance with the terms of this Agreement, if there is a positive result of the internal review and the Author removes the reviewer's comments.
4.5. The Publisher has the right to: to carry out literary and technical editing of the Author's material, without changing its fundamental provisions; to carry out an examination and review of the received Author's material and invite the Author to make the necessary changes, without which the material will not be published.; to translate the Author's material into any languages; to establish the rules (conditions) for the reception and publication of Copyrighted materials. The publisher has the exclusive rights to select and/or reject Copyrighted Materials submitted for publication. The publisher does not enter into correspondence with the authors regarding the rejection of Copyrighted materials; 42 of the Law of the Russian Federation "On Mass Media" to reject the publication of Copyrighted material if it does not meet the requirements of the Publisher. No one has the right to oblige the Editorial Office (Publisher) to publish the rejected Author's material, unless otherwise provided by law.; The publisher has the right, at its discretion, without any agreement with the Author, to conclude contracts and agreements with third parties.; unilaterally amend the terms of this Agreement and adjust its provisions by publishing notices of changes on the Publisher's website. https://www.vestnikfips.ru / in compliance with the requirements set out in clause 5.5 of the Agreement.
5. THE PROCEDURE FOR CONCLUDING AN AGREEMENT AND CHANGING ITS TERMS 5.1. This agreement is posted on the Publisher's website on the Internet at the exact link and is an offer (public offer). To inform the Publisher to an indefinite circle of persons (Authors) about the conclusion of this Agreement with the full and unconditional acceptance of its terms (acceptance) by the Author (s), in accordance with art. 438 of the Civil Code of the Russian Federation.
5.2. The conclusion of the Agreement on the part of the Author, that is, the Author's full and unconditional acceptance (acceptance) of the terms of the Agreement, is the Author's performance of any of the following actions: The Author transfers the Author's Material to the Publisher personally, through postal or electronic communication channels, and the Publisher registers the Author's material received at the Publisher's address.; the Author's revision of the Author's material at the suggestion of the Editorial Board and the transfer of the revised Author's material to the Publisher for publication in the Publisher's Journal.
5.3. The conclusion of the Agreement on the part of the Publisher is the registration of the Author's material in the Publisher's Journal with the assignment of a unique number in the registration journal, which is sent to the Author to the e-mail address indicated by the author as the contact.
5.4. This Agreement may be terminated in the following cases:: by agreement of the Parties, at any time before the publication of the Author's material in the Publisher's Journal.; at the initiative of the Publisher, if the Author's material does not meet the Publisher's requirements set out in the Authors' Guide posted on the Publisher's website on the Internet. https://www.vestnikfips.ru /, and/or cannot be published in the Publisher's journal for other reasons. In this case, the Publisher sends the Author a reasoned refusal to the e-mail address indicated by the author as a contact.; at the initiative of the Author, if, after the approval of the Author's material for publication in the Publisher's Journal, the material has not been published within one year. In this case, the Author must send the Publisher a written notice of withdrawal from this Agreement.; on other grounds stipulated by the current legislation of the Russian Federation.
5.5. All changes made by the Publisher to this Agreement shall enter into force 14 (Fourteen) calendar days after such changes are made and published on the Publisher's website on the Internet. https://www.vestnikfips.ru / information about changes made to the Agreement. If the Author does not agree with the changes to the terms of this Agreement, the Author has the right to send the Publisher a written notice of withdrawal from this Agreement prior to the entry into force of the relevant changes. In the absence of a written notification from the Author before the amendments to the Agreement enter into force, the amendments are considered accepted by the Author, and the Agreement continues to be valid as amended.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.
6.2. All information provided by the Author must be complete and reliable. When using false information received from the Author, the Publisher is not responsible for the negative consequences caused by the Author's actions based on the false information provided.
6.3. The author is solely responsible for compliance with the requirements of the legislation on advertising, protection of copyright and related rights, protection of trademarks and service marks, and protection of consumer rights. In the case of claims against the Publisher related to the violation of the exclusive copyright and other intellectual property rights of third parties, the Author undertakes: Immediately, after receiving information about a violation of the rights of third parties, take measures to resolve disputes with third parties.; to reimburse the Publisher for the legal costs incurred and losses caused by the application of measures to secure the claim and the execution of the court decision, as well as other losses incurred by the Publisher in connection with the Author's failure to comply with the guarantees provided by him under this Agreement.
6.4. The Publisher does not bear any responsibility under the Agreement for: any actions that are a direct or indirect result of the Author's actions; any damages to the Author, regardless of whether the Publisher could have foreseen the possibility of such damages or not; unauthorized use of data provided by the Author to third parties.
6.5. The Publisher is released from liability for violation of the terms of the Agreement if such violation is caused by force majeure (force majeure), including: actions of government authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, or any other circumstances that may affect the Publisher's performance of the Contract.
7. DISPUTE RESOLUTION PROCEDURE
7.1. Disputes and disagreements will be resolved by the Parties through negotiations, and in case of failure to reach an agreement – in accordance with the current legislation of the Russian Federation.
7.2. If there are unresolved disagreements between the Parties, disputes are resolved in court at the Publisher's location in accordance with the current legislation of the Russian Federation. 8. OTHER CONDITIONS 8.1. In accordance with Article 6 of Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data", in the period from the moment of sending the Author's material to the Publisher until the termination of the obligations of the Parties under this Agreement, the Author agrees to the processing of personal data: surname, first name, patronymic, postal address with zip code, contact phone numbers, electronic addresses, information about places of work, and other data related to the conclusion and execution of this Agreement for the entire term of the Agreement. Personal data processing refers to actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transfer to third parties, in accordance with clause 4.5), depersonalization (for review), blocking and destruction of personal data.
8.2. The text of this Agreement (public offer) is posted on the Internet on the Journal's website at https://www.vestnikfips.ru /.
