Russia , its regions, municipalities and residents have received the right to pay obligations to foreign copyright holders in rubles, follows from the decree of President Vladimir Putin.
Payment in rubles is allowed to be made to accounts in authorized Russian banks, which will be determined by the government. In them, debtors will be able to open a special account of type “O” in the name of the copyright holder.
The measure will be temporary, it concerns settlements with those foreign right holders who:
www. 00:00 Advertisement 00:00 00:• connected with unfriendly countries;
• publicly supported sanctions against Russia;
• banned the use of their developments and trademarks in Russia after February 23 due to sanctions;
• stopped, suspended or significantly limited work in Russia due to sanctions;
• discredit the Russian army;
• Express disrespect for Russia, its society, authorities and official symbols, including on the Internet, “in an indecent manner”.
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Organizations under the control of Russian citizens or legal entities do not fall under the innovation. Control information must be disclosed to the Russian tax authorities.
The measure also does not apply to agreements by which right holders grant the right to use their products necessary for the import into Russia of medicines, medical devices, industrial and agricultural products, food products; for the provision of communication services (including data transmission, providing access to the Internet) and traffic transmission services; for the creation or use in Russia of computer programs, databases, information systems and data processing centers.
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As Anton Imennov, managing partner of the Moscow office of the Pen & Paper bar association, explained to RBC, the decree will affect those who work in Russia under a commercial concession agreement, that is, under a franchise.
According to him, the decree was adopted to stabilize the situation and allows the use of foreign trademarks and other results of intellectual activity in the current conditions, when foreign counterparties either refuse to provide them, or there are transactional difficulties with bank transfers under licensed and similar agreements (for example, from - for sanctions restrictions).
“Russian users of exclusive rights will have the right to transfer the remuneration that was due to the right holder under an agreement concluded between them to a special account in an authorized bank. The bank, in turn, will notify the right holder and ask him for consent to transfer funds to a special account. Further, the copyright holder can give his consent. If consent is obtained, the Russian debtor makes them, after which the right holder will need to obtain permission from the government commission to transfer funds to his account. If consent is not given, then the money is not transferred, ”Imennov explained.
The lawyer noted that in both cases, the user of exclusive rights does not have any liability for violation of the terms of payment, and the right to use the results of intellectual activity is retained on previously applicable conditions.