Authorities are preparing to amend the legislation to allow companies to use foreign intellectual property without permission from copyright holders, but with compensation. These changes will only apply in certain situations and will be limited to foreign software.
The creation of a list of permitted goods and intellectual property objects that can be used without the consent of the copyright holders is in the plans of the Russian authorities. However, this will only apply to certain situations determined by the authorities. The Ministry of Digital Development and other departments are working on changes that would allow the government to delegate authority to create such a list.
These changes are for the temporary use of foreign software so that companies can gradually switch to domestic products. They also aim to minimize harm from sanctions and support domestic copyright holders. But the initiative is split between software makers and movie distributors who oppose it.
A similar scheme is already used in Belarus and is considered unique in Russia. In international agreements, there is the possibility of compulsory licensing, but only in certain cases, to limit abuse of rights holders. However, existing sanctions and restrictions on financial transactions complicate the process of obtaining compensation from foreign accounts.
The government understands the risks associated with using foreign software in critical infrastructure, so mandatory licensing can be justified at certain points. However, this situation also prevents the development of domestic developers and the introduction of their products to the market. Companies from unfriendly countries that violate their obligations may be deprived of license fees.
In general, proposed changes in legislation will allow Russian companies to temporarily use foreign intellectual property subject to certain conditions and paying compensation. They also aim to protect the interests of local beneficiaries and to minimize the consequences of sanctions. However, they cause arguments and disagreements among various stakeholders.
Source: Ferra
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