Osegi
Software·2 min read

Russian Software Registry: How to Change the Rights Holder

A sale or restructuring does not update the registry automatically. The new owner must apply to Mintsifry and pass a fresh document check, which takes about a month.

A lawyer's desk with a software transfer agreement and a laptop showing a government registry application form.
Image: Хабр

Software listed in Russia's domestic software registry does not change hands in the registry just because a contract was signed. When exclusive rights are sold, for example to a partner, from a sole proprietor to a company or back, the new rights holder must apply, and the Ministry of Digital Development (Mintsifry) checks it against the registry requirements. An IT lawyer who handles registry inclusions says she received a wave of such questions this autumn.

The review is nearly the same as the original one, except that the software itself is not technically examined again. Before applying, everything must be reissued to the new owner: rights, the documentation website, the life-cycle document, server contracts, and payment and revenue data.

Preparation

You need a contract for the alienation of exclusive rights that names the program and describes how it is handed over. If the program has a Rospatent certificate, the transfer must also be registered there. The state fee is 5,000 rubles for one program and 3,000 more for each additional one. Both parties sign a paper application, one side files it through the FIPS personal account with a qualified e-signature, and the original contract is then mailed to FIPS. This takes about two weeks, and the existing certificate receives a note instead of a new one.

The registry package includes the contract, the act and order accepting the intangible asset, the Rospatent certificate with the note, the new owner's charter and beneficiary data (ownership-chain documents no older than six months), the website with documentation and proof of domain ownership, life-cycle and tariff documents, payment and revenue data or a zero-value letter, Russian server contracts, and a power of attorney if the director does not sign.

Filing the application

  1. In the new rights holder's personal account, click "Подать заявление" and choose "Заявление о внесении изменений", not "Уведомление об изменении сведений", which sits lower in the list and is often picked by mistake.
  2. On the "Поиск реестровой записи" page, select the identifier type, either the registry entry number or the inclusion application number, enter it and click "Найти".
  3. In "Сведения о новых правообладателях", click "Добавить правообладателя" and select the status.
  4. For a commercial organization, enter the country of registration and legal form, the full name exactly as in the company register, the registration and tax numbers, the name and position of the person acting without a power of attorney, and a copy of the charter. Tick the box if the company uses a standard charter.

Deadlines and risks

The rules give five working days to file changes, which is hard to meet if a Rospatent registration is needed. Mintsifry then spends five working days on the check and 15 on the decision, so the whole procedure takes about a month. If the new owner does not meet the requirements, the ministry refuses the change and removes the software from the registry.

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Tags:russiasoftware registrymintsifryrospatentexclusive rightshow-to

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