Dentons Rates Top Changes of 2013 in Russian Legislation for IP, IT and Mass Communications
Dentons has rated what it considers to be the most important changes to Russian legislation affecting IP, IT and Mass Communications in 2013
Apr 07, 2014
Among the law firm’s most important changes are provisions for the protection of IP as regards video piracy; stiffer penalties for defamation of character, including business reputation; the protection of personal data; penalties for the dissemination of extremist materials; a law to protect children from "harmful" information; anti spam legislation; a governmental data transparency act; and a freedom of choice clause that allows mobile users to transfer telephone numbers between carriers. One law in particular, however, directly affects the Russian software development and services sectors.
Federal Law Number 260–FZ, which was passed on Sept. 30, 2013, amends the third section of the Civil Code of the Russian Federation, which governs questions of which jurisdiction should be applied to the relationships between the parties to a contract. The changes also concern intellectual property rights.
The change to the code clarified the rules applied to different types of business transactions. Now, under Part 3 of Article 1209 of Civil Code, all transactions, transfers, restrictions or terminations of rights are subject to compulsory registration in Russia, the form of which is subject to Russian law. This has a direct impact on contracts concerning inventions, trademarks and other intellectual property which has been registered in Russia.
The provisions of Article 1211 of the Civil Code used to determine the rights relevant to the contract, in cases where no agreement exists between the parties have also been amended. As an example, the rights for commercial concessions are now applied according to legislation of the country where the user is allowed to exercise a set of exclusive rights. If such use is permitted at the same time in several countries, the laws of the country of residence or the principal place of business of the rights holder will apply.
Similarly, the contract on alienation of exclusive rights will be subject to the laws of the country in which they are in force. License agreements are now to be governed by the laws of the country where the results of intellectual activity or the means of personalization are allowed to be used.
If an exclusive right is in force on in several jurisdictions at the same time (for a contract covering the alienation of rights) or, if the use of the rights is permitted in several territories simultaneously (for a license agreement), the law of the country of residence or the principal place of business of the owner/licensor will apply.
Federal Law Number 260–FZ, which was passed on Sept. 30, 2013, amends the third section of the Civil Code of the Russian Federation, which governs questions of which jurisdiction should be applied to the relationships between the parties to a contract. The changes also concern intellectual property rights.
The change to the code clarified the rules applied to different types of business transactions. Now, under Part 3 of Article 1209 of Civil Code, all transactions, transfers, restrictions or terminations of rights are subject to compulsory registration in Russia, the form of which is subject to Russian law. This has a direct impact on contracts concerning inventions, trademarks and other intellectual property which has been registered in Russia.
The provisions of Article 1211 of the Civil Code used to determine the rights relevant to the contract, in cases where no agreement exists between the parties have also been amended. As an example, the rights for commercial concessions are now applied according to legislation of the country where the user is allowed to exercise a set of exclusive rights. If such use is permitted at the same time in several countries, the laws of the country of residence or the principal place of business of the rights holder will apply.
Similarly, the contract on alienation of exclusive rights will be subject to the laws of the country in which they are in force. License agreements are now to be governed by the laws of the country where the results of intellectual activity or the means of personalization are allowed to be used.
If an exclusive right is in force on in several jurisdictions at the same time (for a contract covering the alienation of rights) or, if the use of the rights is permitted in several territories simultaneously (for a license agreement), the law of the country of residence or the principal place of business of the owner/licensor will apply.