United States of America
Russian Federation
Copyright and Related Rights
1. Article 1232 (IP/N/1/RUS/O/2 at 359): We are concerned that this may impose a formality. Do rightsholders have to register alienations of exclusive rights? Would a foreign author who sells or assigns a right have to register such sale/assignment in Russia?
According to Article 1232 of the Civil Code of the Russian Federation (hereinafter – CC RF) in cases when the result of intellectual activity or means of individualization is subject to state registration, alienation of the exclusive right to such result or such means by contract, pledge of this right, and grant of the right of use of such result or such means by contract, and likewise also the transfer of the exclusive right to such result or such means without a contract are subject to state registration. Exclusive rights to such objects of intellectual property as inventions, utility models, industrial designs, trademarks and service marks (hereinafter – trademarks) shall be recognized on the condition of their state registration. Regarding computer programs, databasesand topology of integrated circuits state registration is conducted at the option of the rightholder. Thus currently in the Russian Federation subjects to state registration are contracts for the alienation of the exclusive right to an invention, utility model, industrial design, computer program, database, topology of integrated circuit and contracts for grant of the right of use (including license contracts and franchise) and contract for the pledge of an exclusive right to invention, utility model, industrial design, trademark, topology of integrated circuit. Order and terms of state registration of the four abovementioned types of juridical facts are established by the Government of the Russian Federation. In regard to objects of copyrights and related rights which do not need to make state registration, it is stipulated in Article 1259 of the Civil Code of the Russian Federation.