RUSSIA
Since November 2008, entry into force in February 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Russia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RUSSIA
Since November 2008, entry into force in February 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Russia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
RUSSIA
Since July 2016, entry into force in July 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Federal Law No. 374-FZ on Amendments to the Federal Law on Countering Terrorism and certain legislative acts of the Russian Federation in terms of establishing additional measures to counter terrorism and ensure public security (Федеральный закон от 06.07.2016 г. № 374-ФЗ О внесении изменений в Федеральный закон «О противодействии терроризму» и отдельные законодательные акты Российской Федерации в части установления дополнительных мер противодействия терроризму и обеспечения общественной безопасности)
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
Sources
- https://web.archive.org/web/20230922224736/http://www.consultant.ru/document/cons_doc_LAW_201078/
- https://web.archive.org/web/20221225222240/https://www.loc.gov/item/global-legal-monitor/2016-07-18/russia-new-electronic-surveillance-rules/
- https://web.archive.org/web/20231218171205/https://ustr.gov/sites/default/files/2019_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20230908091725/https://www.bbc.com/news/technology-43752337
- https://web.archive.org/web/20230331073846/https://freedomhouse.org/country/russia/freedom-net/2020#B
- https://web.archive.org/web/20231205100001/https://www.theverge.com/2020/6/18/21295535/russia-telegram-ban-lifted-security
- https://web.archive.org/web/20231211183539/https://www.hrw.org/news/2018/04/24/russias-internet-war-and-its-collateral-damage
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RUSSIA
Since 1994, last amended in 2021
Since July 2004
Since July 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Russian Civil Code
Federal Law of 29 July 2004 on Commercial Secrecy
Federal Law of 29 July 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, organisational, 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
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
RUSSIA
Reported in 2015, last reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the Russian Government holds a 38% stake in Rostelecom, a major telecommunications company and one of the largest operators in Russia and Eastern Europe. Rostelecom provides extensive services such as fixed-line telecommunications, broadband internet, digital television, and mobile services, alongside IT solutions, cloud services, and data centre operations. As a state-owned enterprise, Rostelecom plays a crucial role in shaping Russia's telecommunications infrastructure and digital economy.
Coverage Telecommunication sector
RUSSIA
N/A
Pillar Telecom infrastructure & competition |
Indicator 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, 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 with respect to a dominant market player that systematically abuses its dominant position.
Coverage Telecommunications sector
RUSSIA
Since July 2017
Pillar Telecom infrastructure & competition |
Indicator Licensing 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" (О выделении полос радиочастот для применения земных станций спутниковой связи, VSAT-станций и используемых бортовых ретрансляторов космических аппаратов иностранных спутниковых сетей на территории Российской Федерации (решение ГКРЧ №17-42-07))
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
Sources
- https://web.archive.org/web/20211022075139/https://digital.gov.ru/ru/documents/5659/
- https://web.archive.org/web/20220325182924/https://ustr.gov/sites/default/files/files/reports/2020/Russia2020WTOReport.pdf
- https://web.archive.org/web/20231106080406/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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RUSSIA
Since November 2012
Pillar Telecom infrastructure & competition |
Indicator 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
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=98383&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
RUSSIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Russia has a telecommunications authority: The Federal Communications Agency. However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
RUSSIA
Since July 2006, as amended in July 2014, entry into force in September 2015, last amended in June 2023
Since December 2001, as amended in December 2019, last amended in December 2023
Since December 2001, as amended in December 2019, last amended in December 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Federal Law of the Russian Federation of 27 July 2006 No. 152-FZ About personal data (Федеральный закон от 27.07.2006 г. № 152-ФЗ О персональных данных)
Russian Federation Code of Administrative Offences of 30 December 2001 No. 195-FZ (Кодекс Российской Федерации об административных правонарушениях от 30.12.2001 г. № 195-ФЗ)
Russian Federation Code of Administrative Offences of 30 December 2001 No. 195-FZ (Кодекс Российской Федерации об административных правонарушениях от 30.12.2001 г. № 195-ФЗ)
Art. 18.5 of Federal Law No. 152-FZ provides that during personal data collection, including through the Internet, the data operator shall ensure that databases located within the Russian Federation are used to record, systematise, accumulate, store, update, modify and retrieve personal data of Russian citizens. However, the requirements do not apply to companies that do not receive the data directly from either data subjects or such third parties or inadvertently in the course of normal business activity. Moreover, provided that personal data, when initially collected, is placed in a primary database located and maintained in Russia, personal data contained in the database may then be transferred abroad and placed in other secondary databases, provided the requirements for data transfers are complied with. As a result, once personal data is collected, it shall be placed in the database located in Russia (i.e., the primary database). All mentioned operations on the data should be carried out locally. Afterwards, the data can be transferred abroad for further processing (i.e., to the secondary database).
It is reported that since 2015, the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) has been active in enforcing the above-mentioned measure. For instance, in November 2016, subject to the claim from Roskomnadzor, the court in Moscow restricted access to the LinkedIn social network due to the breach of the measure. Further cases mostly included administrative fines, which were also issued to major multinational companies, including Meta Platforms, Inc. (formerly Facebook, Inc.), Twitter, Inc. and later WhatsApp LLC, Google LLC, Airbnb, Inc., Apple, Inc., Twitch Interactive, Inc., United Parcel Service, Inc., Pinterest, Inc., Likeme Pte. Ltd., Ookla, LLC., Snap Inc., Match Group, LLC, Hotels.com, L.P., Spotify AB, and Zoom Video Communications, Inc. Some companies also faced repeated higher fines.
The Code of Administrative Offences establishes fines of up to RUB 6 million (approx. USD 64,620) for the first offence and up to RUB 18 million (approx. USD 193,860) for the subsequent offence.
It is reported that since 2015, the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) has been active in enforcing the above-mentioned measure. For instance, in November 2016, subject to the claim from Roskomnadzor, the court in Moscow restricted access to the LinkedIn social network due to the breach of the measure. Further cases mostly included administrative fines, which were also issued to major multinational companies, including Meta Platforms, Inc. (formerly Facebook, Inc.), Twitter, Inc. and later WhatsApp LLC, Google LLC, Airbnb, Inc., Apple, Inc., Twitch Interactive, Inc., United Parcel Service, Inc., Pinterest, Inc., Likeme Pte. Ltd., Ookla, LLC., Snap Inc., Match Group, LLC, Hotels.com, L.P., Spotify AB, and Zoom Video Communications, Inc. Some companies also faced repeated higher fines.
The Code of Administrative Offences establishes fines of up to RUB 6 million (approx. USD 64,620) for the first offence and up to RUB 18 million (approx. USD 193,860) for the subsequent offence.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231021172033/http://www.kremlin.ru/acts/bank/24154/page/1
- https://web.archive.org/web/20231130141915/http://kremlin.ru/acts/bank/17704/page/1
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20240303125215/https://www.dataguidance.com/notes/russia-%E2%80%93-data-protection-overview
- https://web.archive.org/web/20231203004435/https://www.dataguidance.com/notes/russia-data-transfers
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RUSSIA
Since June 2011, as amended in October 2014, last amended in July 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Federal Law of the Russian Federation of 27 June 2011 No. 161-FZ About national payment system (Федеральный закон от 27.06.2011 г. № 161-ФЗ О национальной платежной системе)
Art. 30.6.4 of Federal Law No. 161-FZ requires that foreign-based credit card companies transmit data for all transactions within Russia through state-owned operators: the National System of Payment Cards. It is reported that this affects the possibility for financial supplies to use their processing facilities located outside of Russia.
Coverage Credit card companies
Sources
- https://web.archive.org/web/20231201074958/http://www.kremlin.ru/acts/bank/33484
- https://web.archive.org/web/20231201170558/https://www.consultant.ru/document/cons_doc_LAW_170099/3d0cac60971a511280cbba229d9b6329c07731f7/#dst100009
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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RUSSIA
Since 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
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) |
Indicator 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. Art. 1273 allows the 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 the 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 short-term usage;
- make changes to software and databases for the purposes of functioning; archive the copy of software and database and decompile the software.
- 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 short-term usage;
- make changes to software and databases for the purposes of functioning; archive the copy of software and database and decompile the software.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220403002649/https://rospatent.gov.ru/en/documents/grazhdanskiy-kodeks-rossiyskoy-federacii-chast-chetvertaya
- https://www.gorodissky.com/publications/articles/iclg-copyright-2015-russia-chapter/
- https://web.archive.org/web/20210420235838/http://www.springer.com/us/book/9783642295959
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RUSSIA
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Russia. Stakeholders continue to report significant piracy of video games, software, music, movies, books, journal articles, and television programming. Concerns also include mirror sites of infringing websites and smartphone applications facilitating illicit trade. Moreover, prominent Russian online platforms continue to provide access to thousands of pirated films and television shows. In 2022, stakeholders identified Russia as one of the most challenging countries in the world for video game piracy.
Coverage Horizontal
