A law providing for the establishment of a register of the Russian programs, as well as the possibility of putting restrictions on the use of foreign goods and services from 1 January 2016, signed by Vladimir Putin. Almost simultaneously, the Ministry of communications “with the dispute submitted to the Government a draft resolution with the same legal regulations.
During his preparation of this legislative initiative, imposing restrictions on the purchase and use of foreign developers, managed the press and everyday speech to get the name of the “law on the prohibition ON foreign”. The first of replaceable laws will be supplemented with a separate article “Peculiarities of state regulation in the sphere of use of Russian computer programs and databases” and describes the creation of a registry FOR domestic and aspects of its formation.
In accordance with the letter of the law, the programs can be considered domestic if the exclusive rights to them belong to the Russian Federation or its citizens, or non-profit organization, managed without the help of foreigners, or a commercial organization with a total share of Russian participation over 50%. In this case, the software should not violate the state secrets, may lawfully be introduced into circulation and freely sold throughout Russia.
Another criterion for inclusion in the register claims that the total amount of payments abroad for royalties, and other contracts related to intellectual property, must not exceed 30% of the annual revenue from the holder of the implement, said Aboutru.
This list of requirements may be further extended by the Government at the expense of additional items. Separately specifies that the organization will be considered a controlled foreign entity, if the latter will be able to determine its solution in the strength of the prevailing direct and (or) indirect participation.
The decision on refusal of inclusion in the register of holders will be able to appeal in court within three months.
Changes to the second law “On contract system in procurement…” — describe the powers of the Government with the help of future bylaws to prohibit or restrict the admission of foreign goods and services to participate in the procurement.
For state procurement provides for the possibility to justify the failure to comply with any such prohibition or restriction. Requirements for the content of such studies should also establish the Government.
The communications Ministry must clarify that the new law defines “basic” criteria for inclusion of programs in the national registry, but the rules of forming and maintaining the registry, and preferences for included in it are set BY Government decree.