United States of America
Russian Federation
Copyright and Related Rights
3. Article 1235 (2) (IP/N/1/RUS/O/2 at 361-362): We are concerned that this may impose a formality. Do rightsholders have to register license contracts? Would a foreign author who enters a license contract have to register the license contract in Russia?
If authors (rightholders) conclude License Contracts about granting right to use the result of intellectual activity which needs to state registration, this contract also needs to state registration. Currently subjects of state registration are license contracts for the rights of use of an invention, utility model, industrial design, trademark, and topology of integrated circuit (paragraph 2 of Article 1232 CCRF). That being said, it is worth noting that there is a pending project of Federal Law No. 47538-6 under consideration by the State Duma of the Federal Assembly « Introducing Amendments to the First, Second, Third and the Fourth Parts of the Civil Code of the Russian Federation and ndividual legislative acts of the Russian Federation», developed by the Presidential Council of the Russian Federation on codification and improvement of civil legislation (hereinafter – CC RF Project) CC RF Project suggests radical changes to state registration of contracts for the disposition of the exclusive right to objects of intellectual property. In developing the CC RF Project, provisions of the Singapore Treaty on the Law of Trademarks ratified by Federal Law No.98-FZ d.d. 23.05.2009 «On Ratification of the Singapore Treaty on the Law of Trademarks» were considered. According to CC RF Project state registration of the grant of the right of use of an invention, utility model, industrial design, computer program, topology of integrated circuit, and trademark by a license contract can be conducted on the request of the parties without providing the contract itself.