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RUSSIA

Since November 2012

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Russia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

RUSSIA

Since July 2017

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decision of the State Committee for Radio Frequencies No. 17-42-07 "On the allocation of radio frequency bands for the use of satellite earth stations, VSAT stations and used onboard repeaters of spacecraft of foreign satellite networks on the territory of the Russian Federation"
In 2017, the Russian State Commission for Radio Frequencies issued a decision requiring telecommunications operators seeking to rent capacity from a foreign satellite operator to demonstrate that Russian satellite providers do not have such capacity.
Coverage Telecommunications sector

RUSSIA

Since July 2003, entry into force in 2004, last amended in December 2006
Since January 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Federal Law No. 126-FZ of July 7, 2003 on Communications

Government Decree No. 2385 "On licensing activities in the field of communication services and invalidation of certain acts of the Government of the Russian Federation"
According to the Communications Law, telecommunication services can only be provided on the basis of a license. Operators provide telecom services in Russia on the basis of telecoms licences acquired following the requirements of Government Decree No. 2385 (Decree No. 2385 replaced Government Decree No. 87 of 18 February 2005 which regulated the similar subject matter). According to Annex 1 to the Decree, a list of 20 telecom services are subject to licensing. These include, among others:
- Local telephone communication services;
- Services of long distance and international telephone communication;
- Telephone services in a dedicated communication network;
- Telegraphic services;
- Communication services of a personal radio call;
- Services of mobile radio communication in the public or dedicated communication network;
- Services of mobile radiotelephone communication;
- Services of mobile satellite radio communication;
- Services of mobile satellite radio communication;
- Communication services for data transmission (either voice or other data);
- Telematic communication services;
- Communication services for cable/wire broadcasting purposes.
Annex 2 to the Decree sets out particular licensing requirements for each of the activities listed in Annex 1. It is reported that, in practice, only Russian registered entities can apply for and obtain licences to provide communications services. These entities may have foreign ownership or control. Thus, a licence holder has to be incorporated as a Russian company, but this company can be owned by foreigners.
Coverage Communication services, including VoIP

RUSSIA

Since July 2003, entry into force in 2004, last amended in December 2006

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Federal Law No. 126-FZ of July 7, 2003 on Communications
Telecommunication activity is a licensed activity in Russia and certain telecommunication service fees are regulated by the State. Access service fees charged by significant operators are subject to tariff regulation in accordance with the Government Resolution No. 627 "On the prices for interconnection services and traffic transmission services provided by operators with significant market power in the common use communications network" (19 October 2005). Service fees for certain public electronic communication services and public post services are also subject to state tariffs. The list of public electronic communication services and public post services subject to state tariffs is approved by the government.
Coverage Telecommunications sector

RUSSIA

Reported in 2015 and 2019

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Russian incumbent operator is Rostelecom, a state-owned enterprise. The Russian Government formally has a stake of less than 50%. Rostelecom has increased its market share in all market segments in the recent years and it plays a dominant, but not monopolistic, role in international and domestic backbone connectivity. As of 2019, Rostelecom was Russia’s largest integrated provider of digital services and an FMC (fixed mobile convergence) operator with a 25% share in the telecoms market. According to World Bank (2015), independent mobile operators and ISPs (Internet Service Providers) in Russian market typically rely on Rostelecom backbone internet infrastructure.
Coverage Telecommunication sector

RUSSIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Russia lacks rules for functional separations for operators with significant market power, although there are rules in place for accounting separation. Under Ministry for Digital Development, Connection, and Mass Communications Order 54, dated May 2006, operators that hold substantial positions in publicly available networks and operators of universal services and natural telecoms monopolies must keep separate accounts for different types of activity; provided services; and different sections of the telecoms network used for the provision of such services. In addition, the Russian competition laws also provide for forced separation as a last-resort measure that may be implemented by a court at the request of antitrust authorities in respect of a dominant market player that systematically abuses its dominant position.
Coverage Telecommunications sector

RUSSIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Russia to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

RUSSIA

Since July 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Federal Law No. 374-FZ "On Amendments to the Federal Law "On Counterterrorism" and Separate Legislative Acts of the Russian Federation Concerning the Establishment of Additional Measures Aimed at Countering Terrorism and Protecting Public Security".
Federal Law No. 374 allows Russian security services to request that internet companies hand over their encryption keys. Firms who do not comply with these orders risk having their services blocked in the country, as happened to the messaging app Telegram which remained blocked in Russia for approximately 2 years. Other messaging apps, such as Zello, BlackBerry Messenger, Imo, Line, and Vchat were blocked for the same reason.
Coverage Horizontal

RUSSIA

Since 1994, last amended in 2021
Since July 2004

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Russian Civil Code

Federal Law of July 29, 2004 on Commercial Secrecy
Federal Law of July 29, 2004 on Commercial Secrecy and Russian Civil Code provide a framework for the effective protection of trade secrets. The Civil Code (Part 4) regulates issues associated with trade secrets. Any unlawful use of a trade secret, including unlawful receipt or disclosure of the trade secret, constitutes trade secret infringement. Additionally, the Federal Law of July 29, 2004 on Commercial Secrecy defines trade secrets as any type of information (e.g. production, technological, economic, organizational, etc.) that is not generally known, to which the general public does not have open access, and with respect to which the owner of such information has instituted the regime of trade secrecy.
Coverage Horizontal

RUSSIA

Since November 2008, entry into force in February 2009

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Russia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

RUSSIA

Reported in 2018 and 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that inadequate and inefficient protection and enforcement of IP rights as well as online copyrights remain a persistent challenge in Russia. There are several Russian websites that facilitate online piracy and the widespread practice of piracy by online platforms of video games, music, movies, books, journal articles, and television shows continues to be in place. Moreover, the rate of unlicensed software installation in the country was 62% in 2017 (above the 57% rate of the Central and Eastern European countries), for an estimated commercial value of USD 1,291 million.
Coverage Horizontal

RUSSIA

Since November 2008, entry into force in February 2009

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Russia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

RUSSIA

Since 1978

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty
Russia is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal

RUSSIA

Since January 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Part IV of the Civil Code of the Russian Federation and Federal Law No. 231-FZ "On the enactment of part IV of the Civil Code of the Russian Federation"
The country has a copyright regime under Part IV of the Civil Code of the Russian Federation and Federal Law No. 231-FZ "On the enactment of part IV of the Civil Code of the Russian Federation". However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. The Art. 1273 allows reproduction of a lawfully disclosed work when necessary and for purely personal purposes, without paying royalties and getting the consent of the author of the work except for architectural works, databases and computer programs, among others. The rest of provisions in the above/mentioned articles (Arts. 1274-1280) allow, subject to the terms and conditions laid down therein:
- use of copyrighted works for informational, scientific, educational and cultural purposes;
- use of copyrighted photographic works, works of architecture and works of art which are permanently located at a place freely available to the public;
- use of musical works in the official or religious ceremonies;
- use of copyrighted works for the purposes of law enforcement;
- recording of copyrighted works by broadcasting organisations for the short-term usage;
- making changes to software and databases for the purposes of functioning; archiving the copy of software and database and de-compilation of software.
Coverage Horizontal

RUSSIA

Since March 2022
Since 1994, last amended in 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Resolution of the Government of the Russian Federation, No. 299 of March 6, 2022

Russian Civil Code
The Russian Government has adopted a decree which will allow local companies and individuals to use inventions, utility models and industrial designs held by owners from “unfriendly countries” without their consent and without paying any compensation. This includes, among others, all members of the European Union and the United States.
The decree is based on art. 1360 of the Russian Civil Code, which allows the government to use inventions, utility models and industrial designs without the consent of the patent holder when this is justified by extreme needs of national defense and security or protection of life or public health.
Coverage Horizontal