Forced licensing: will the Russian accompanies be allowed to use foreign software without the approval of the copyright holder?

The Ministry of Digital Development and other departments are already "working on a comprehensive model for amending the current legislation, which provides for the possibility for the government to delegate to federal executive authorities the authority to form lists of goods and IP objects, including software, which can be used under certain conditions without the consent of the copyright holders with the payment of appropriate compensation to them."

The Ministry of Digital Development clarified to Izvestia that it is only about amendments to the regulation regarding software.

"The task of the amendments is to enable the temporary use of foreign software, which the company cannot do without, and a phased transition to domestic products. At the same time, not encouraging piracy and directing funds from the use of foreign software to the development of Russian products," the ministry explained.

Such a scheme now exists only in Belarus, and there it was adopted less than a year ago, so it can be considered unique, said patent attorney, managing partner of Zuykov and partners Sergey Zuykov. "Such an initiative has been discussed several times, it has many opponents — software manufacturers say they can replace foreign ones, film distributors are against such an initiative, it does not give the company exclusive rights, and so on. But it is certainly good for consumers," he said.

International agreements, in accordance with which Russian legislation has been brought in terms of licensing and granting legal protection to the results of intellectual activity, provide for compulsory licensing, Yuri Fedyukin, managing partner of the Enterprise Legal Solutions law firm, told Izvestia. "But in exceptional cases, for example, if we are talking about a monopoly, the risks of abuse by the rightholder of his position, and so on, then the restriction of his legitimate interests is possible in court," he noted. "But now, when cross-border transfers are limited and sanctions are in effect, it will not be easy to withdraw funds from special accounts, even if desired."

The state is aware of the risks associated with the operation of software at critical infrastructure facilities, it cannot be replaced simultaneously — compulsory licensing is appropriate until some point, according to Valentin Makarov, president of the Russoft Association. But the constant use of such software does not allow Russian developers to develop and does not allow them to implement their products, he noted.

Source: Izvestia

Sergey Zuykov's comment on the bill on the use of content for Kommersant: https://zuykov.com/en/about/cases/draft-law-on-the-use-of-content-without-the-permission-of-unfriendly-copyright-holders-judicial-aspect/