News

Certain transactions in intangible assets may require Government Commission clearance

Draft amendments to clause 1 of Presidential Decree No. 81 of 1 March 2022 have been published. The amendments suggest supplementing the decree with a new category of transactions requiring clearance from the Government Commission for Control over Foreign Investment in the Russian Federation, including transactions involving the alienation or pledge of exclusive rights over intellectual property or means of individualisation. Read further in our legal update.

New income taxation procedure for purchasing work or services from interdependent foreign entities

On 27 November 2023, the President of the Russian Federation signed Federal Law No. 539-FZ intoroducing significant changes to the Russian Tax Code, including amendments providing that, with effect from 1 January 2024, the remuneration for the work or services performed by interdependent foreign entities to Russian taxpayers shall be subject to the Russian withholding tax at a rate of 15%. Read further in our legal update.

New review of the Russian Supreme Court on corporate disputes on the provision of information by companies

The Presidium of the Supreme Court of the Russian Federation approved the Summary of Judicial Practice on Corporate Disputes on the Provision of Information by Companies. In general, the Review reflects the positions previously set out in the clarifications of the Higher Arbitrazh Court of the Russian Federation. However, it also considers the issue of providing information to persons controlling companies, touches upon the criteria of good faith of participants/shareholders when requesting documents and information from a company, and assesses the provisions of confidentiality agreements.

New procedure for allocating shares in the exclusive right to intellectual property

The recently introduced draft law that has just been introduced in the State Duma of the Russian Federation proposes to provide for the possibility of allocating shares in the exclusive right to intellectual property assets and to create a mechanism for the disposal of such shares. These amendments, if enacted, may have a significant impact on the structuring of joint ventures and on the early phases of structuring relationships between the founders of technology companies. They may also affect the structuring of M&A transactions where intellectual property plays a major role.

Partial “lifting” of the suspension of certain provisions of international tax treaties

The August Decree of the Russian President suspended certain provisions of tax treaties between the Russian Federation and 38 countries (“DDT”). The Russian Government has outlined measures to reduce the impact of the DTTs suspension on the Russian economy. In particular, it was suggested that an exemption from or a reduced corporate profits tax rate be established for certain types of income paid to those foreign companies that have previously been subject to an exemption from withholding taxation or a reduced withholding tax rate. Read further in our legal update.

Russian court holds sanctions clause to be valid and enforceable

The Moscow District Arbitrazh Court upheld the position of the lower courts in relation to the validity and enforceability of the sanctions clause. Read further in our legal update on the relevance of the case and the court’s findings.

New law on recommendation algorithms: impact on business and risk of blocking

Recent legislation changes have obliged owners of websites, applications and other online resources using recommendation algorithms, to inform users of the work of the algorithms and to publish the respective rules in Russian on their resources, making them freely available to the public on a free-of-charge basis. Read more about the new requirements in our legal update.

Important changes to Russian IT laws

On 1 September 2023, the provisions of more than 600 federal laws became effective. Our team has analysed the major regulatory changes in the intellectual property and technology area.

Introduction of export duties in relation to broad range of goods

Export duties put in place from 1 October 2023 in relation to broad range of goods: what should exporters bear in mind? Read further in our legal update.

Amendments to the Federal Law “On non-profit organisations”: are there any challenges for software developers and open source?

At the end of summer 2023, amendments to Federal Law No. 7-FZ of 12 January 1996 “On Non-Profit Organisations” were introduced: the current version of art. 30.1 now prohibits not only civil and municipal servants, but also natural persons and legal entities from taking part in the activities of a foreign non-profit organisation that does not have divisions in Russia. To find out what has changed, how it relates to IP, what liability is stipulated, and what to expect, read our team’s latest legal update.

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