Inclusion of Software in the Register

Why inclusion in the register is important

The legal purpose of the register is to regulate the use of software products by government authorities and state-owned or state-controlled entities.

Inclusion in the register provides the right holder with significant advantages. It grants access to public procurement, where preference is given to domestic software. Being listed in the register also increases trust from customers, confirms the legal integrity of the rights to the software, and demonstrates compliance with established requirements.

Inclusion in the register is also typically required to obtain government support measures available to IT companies (tax and other incentives). 

Software requirements

The requirements for software are set out in paragraph 5 of the Rules for the Formation and Maintenance of the Register (approved by Government Resolution No. 1236 dated November 16, 2015).

According to these Rules, exclusive rights to the software must belong, worldwide and for the entire duration of the exclusive right, to one of the following:

• The Russian Federation, its constituent entities, or municipalities
• A Russian company without predominant foreign ownership (foreign participation must not exceed 50%)
• Citizens of the Russian Federation

The software must be available throughout the entire territory of Russia without restrictions. Any limitations preventing its use in certain regions are not allowed. Neither the software nor its related information may contain state secrets.

The software interface must be in Russian. The technical means for storing source code and object code, as well as the tools used to compile source code into object code, must be located within the Russian Federation.

Timeframes

The Ministry of Digital Development reviews applications within approximately 45 calendar days (on average up to 2 months).

Taking into account document preparation and possible revisions, the overall process typically takes from 2 to 4 months.

Common pitfalls in software registration

To include software in the register, the applicant must provide documents confirming ownership of exclusive rights. These may include:

• documents confirming that the work was created as part of employment (assignments, acceptance certificates);
• commissioning agreements;
• assignment agreements;
• a certificate of registration of the software with Rospatent.

Registration may be refused if the submitted documents do not sufficiently confirm the applicant’s ownership of exclusive rights.

Another requirement is that the applicant must have a website containing technical documentation, as well as information about the software and its pricing. Failure to meet these requirements may also result in refusal.

In addition, registration may be denied if the software contains prohibited components.

Services by Zuykov and partners

Zuykov and partners assists developers throughout the entire process of inclusion in the domestic software register – from initial audit to obtaining a positive decision.

Our services include:

• advising on eligibility criteria and required documentation;
• assistance with collecting information and preparing documents;
• review of documentation and recommendations for improvement;
• compliance check against register requirements;
• preparation and submission of the application and supporting documents.

By working with us, you reduce the risk of refusal and speed up the process of including your software in the domestic software register.