It is also noteworthy that royalty-free assignment or transfer of exclusive rights under license agreement will become illegal between commercial entities (Art. 1234 and 1235 of the Civil Code of the Russian Federation). Apparently, the legislator’s aim in this case is the same as with interdiction of donations between legal entities, i.e. the aim is to ensure normal civil circulation of goods and cessation of infringements of anti-monopoly rules.
Since 1 January 2015 the list of authorized ways of disposal of the IP rights will be expanded (paragraph 5 of Art. 1233 of the Civil Code of the Russian Federation): the rights holder will be able to make a public declaration, which cannot be further withdrawn, that the subject of copyright or related rights owned by this person is authorized to be used by any other persons on a royalty-free basis. The conditions and period of such use will be determined by the rights holder. If the period is not set out, it is deemed equal to five years by default. Such public declaration can be placed on the website of the Rospatent. During the period of validity of the said declaration it cannot be withdrawn and the conditions stipulated in this declaration cannot be subject to limitations. Russia is deemed as the territory of use unless it is otherwise stated in the declaration. That said, the rights holder cannot make such a public declaration provided that there is a valid exclusive license that is granted within the same limits to the object of copyrights or related rights in question.