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RUSSIA

Since January 2008
Since September 1992, last amended in February 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
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"

Patent Law of Russian Federation No. 3517-1
According to Art. 1247 of the Civil Code, foreign legal entities shall carry out their dealings with the federal executive power body charged with intellectual property matters, meaning Federal Service for Intellectual Property (Rospatent) through patent attorneys registered with Rospatent, unless otherwise envisaged by an international treaty of the Russian Federation.
Previously, Art. 15 of the Patent Law of Russian Federation No. 3517-1 required individuals with permanent residence outside the Russian Federation or foreign legal entities or their patent attorneys shall deal with the Federal executive authority on intellectual property through patent attorneys, registered with the Federal executive authority on intellectual property. This Article was replaced on 1 January 2008 by Part IV of the Civil Code.
Coverage Horizontal

RUSSIA

Since March 2022
Since 1994, last amended in 2021

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

Russian Civil Code
The Russian government has adopted a decree that 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 extreme needs of national defence and security or protection of life or public health justify this.
Coverage Horizontal

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.
Coverage Horizontal

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

RUSSIA

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Preferences for SMEs in tenders
It is reported that, effective January 2022, procuring entities in Russia are mandated to allocate no less than 25% of their total annual procurement volume to small businesses and socially oriented non-commercial organisations. These preferential allocations are detailed in procurement notices and documentation, although this information is not accessible online. Despite this lack of transparency, the prioritisation of locally produced technologies, digital goods, and services has been a consistent focus of Russian policy. Since 2015, sector-specific regulations have reinforced this approach. These include the Resolution No. 1442 of 24 December 2015 "On procurement of innovative products, high-tech products certain types of legal entities and amending certain Acts of the Russian Federation" (Постановление Правительства РФ от 25 декабря 2015 г. N 1442 "О закупках инновационной продукции, высокотехнологичной продукции отдельными видами юридических лиц и внесении изменений в отдельные акты Правительства Российской Федерации"), which establishes procedures for determining the annual volume of purchases by State-Owned Enterprises (SOEs) of innovative and high-tech products, including minimum purchasing requirements from SMEs. Furthermore, Resolution No. 717 of 2016 identified 135 SOEs subject to these minimum SME purchasing mandates.
Coverage Horizontal

RUSSIA

Since December 2015
Since June 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decision No. 155 of the Ministry of Economic Development "On the conditions for admission of goods originating from foreign countries for the purposes of purchasing goods, works, services for provision of state and municipal needs" (Приказ Министерства экономического развития РФ от 25 марта 2014 г. № 155 “Об условиях допуска товаров, происходящих из иностранных государств, для целей осуществления закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд")

Decision No. 126 of the Ministry of Finance "On the conditions for the admission of goods originating from a foreign state or a group of foreign states for the purpose of purchasing goods to meet state and municipal needs (Приказ Минфина России от 4 июня 2018 г. № 126н "Об условиях допуска товаров")
Ministry of Economic Development's Decision No. 155 grants preferences of 15% (30% in case of radio-electronic equipment) in relation to the contract price in public procurement auctions and tenders to participants who propose to supply goods originating from Eurasian Economic Union (EAEU) countries. The Decision was later replaced by Decision No. 126 of the Ministry of Finance in June 2018, which contains a similar provision with regard to price preference to EAEU countries.
Coverage Horizontal

RUSSIA

Since September 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Government Resolution No. 925 "On the priority of goods of Russian origin, work, services performed by Russian persons in relation to goods originating from a foreign state, work, services performed by foreign persons" (Постановление Правительства Российской Федерации от 16 сентября 2016 г. N 925 г. Москва "О приоритете товаров российского происхождения, работ, услуг, выполняемых, оказываемых российскими лицами, по отношению к товарам, происходящим из иностранного государства, работам, услугам, выполняемым, оказываемым иностранными лицами")
Government Resolution No. 925, adopted on 16 September 2016, applies broadly to all goods, works, and services, introducing a 15% price preference for domestically produced products. Alternatively, it imposes a 15% price reduction on foreign products during tendering procedures. Additionally, paragraph 8 of Resolution No. 925 stipulates that priority must be determined in compliance with the provisions of GATT 1994 and the EAEU Treaty.
Coverage Horizontal

RUSSIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Russia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2013.
Coverage Horizontal

RUSSIA

Since April 2008, as amended in January 2015, last amended in April 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Federal Law No. 57-FZ "On Procedures for Foreign Investments in Companies Having Strategic Importance for National Security and Defence" (Федеральный закон от 29 апреля 2008 г. N 57-ФЗ "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства")
Under Art. 2 of Federal Law No. 57, foreign states, international organisations, and entities under their control — including those established in Russia — are prohibited from entering into transactions that would grant them a majority interest in business entities deemed strategically important for national defence and state security. Consequently, foreign state-controlled investors are restricted from acquiring more than 50% of shares or majority voting rights in such companies.
According to Art. 6 of the law business strategically important for national defence and state security include those involved in the development and production of encryption tools, maintenance of cryptographic systems, and provision of encryption services, as well as activities such as detecting covert information-gathering devices.
Coverage Business entities of strategic importance in digital field

RUSSIA

Since December 1991, as amended in January 2016, last amended in June 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Federal Law No. 2124-I "On Mass Media" (Федеральный закон № 2124-И "О средствах массовой информации")
The Law on Mass Media, initially enacted in 1991 and subsequently amended multiple times, underwent significant revisions in January 2016 concerning foreign ownership regulations. According to Art. 19-1, foreign entities such as foreign states, international organisations, entities under their control, foreign legal entities, Russian legal entities with foreign participation, foreign citizens, stateless persons, and Russian citizens holding dual citizenship are prohibited from acting as founders or participants of mass media organisations, editorial offices of mass media, or entities engaged in broadcasting. Additionally, Art. 19-1 prohibits direct or indirect possession, management, or control by the aforementioned foreign entities or individuals of more than 20% of shares in the authorised capital of entities involved in mass media or broadcasting activities. This has led to large-scale redistribution of property in the media market and the departure from Russia of a number of major international publishers (e.g. Finnish Sanoma, Axel Springer, the German, the American Dow Jones and FT Group). Other foreign shareholders in the Russian media either reduced their stakes in Russian media or re-registered their ownership in the Russian jurisdiction.
Coverage Media sector

RUSSIA

Since July 2017
Since April 2008, last amended in April 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Federal Law No. 160-FZ "On Foreign Investments"

Federal Law No. 57-FZ "On Procedures for Foreign Investments in Companies Having Strategic Importance for National Security and Defence" (Федеральный закон от 29 апреля 2008 г. N 57-ФЗ "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства")
According to Art. 6 of Federal Law No. 160-FZ (amended in 2017), transactions involving Russian business entities by foreign investors require prior approval under Art. 57 of Federal Law No. 57 on "Procedures for Foreign Investments in Companies Having Strategic Importance for National Security and Defence". This law aims to safeguard national defence and security interests. Following the 2017 amendments, the Government Commission for Control over Foreign Investments, as outlined in Art. 12 of Federal Law No. 57, has the authority to impose additional conditions on foreign investors seeking approval for transactions deemed critical to protect national defence and state security.
Coverage Horizontal
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ITA: [{"meta_value":"0.50"}]

RUSSIA

ITA signatory? I II

RUSSIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Russia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

RUSSIA

Since May 2019, until May 2024

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Anti-dumping measure on aluminum alloy strips
In May 2019, the Russian authorities imposed a definitive anti-dumping duty on imports of aluminium alloy strips (HS: 760611) from Azerbaijan and China. These products are used to manufacture components of ICT goods, such as heat sinks, printed circuit boards (PCBs), charging cables, HDMI cables, displays, etc. The duty imposed on imports originating from Azerbaijan is 16.18%, and the duty imposed on imports originating from China is 13.14%.
Coverage Product: aluminum alloy strips (HS: 760611)

Countries: Azerbaijan, China

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