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GORODISSKY & PARTNERS
INTELLECTUAL PROPERTY
& TMT LAW
pat@gorodissky.ru Ru En Jp Cn
www.gorodissky.ru
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Successful Inclusion of Information about Software in the Unified Register of Russian Computer Programs and Databases of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation and Registration of Computer Program with

Client F-Technology LLC (Russia)

Description

F-Technology LLC (the Client) is a well-known Russian digital laboratory specializing in the provision of banking and non-banking services for small and medium-sized businesses (SMBs). Among other things, the Client offers a software and methodology set for online servicing of SMBs. Using its own resources, the Client has created Forbank Online computer program and actively promotes it digitally.

Meanwhile, wishing to obtain certain state support and tax benefits, the Client has contacted us to solve these issues, primarily in terms of tax law.

Solution

Having examined the entire situation and documents submitted by the Client, the team of specialists from Gorodissky & Partners, consisting of lawyers in the field of tax law and software attorneys, has offered the Client a comprehensive set of legal services. In particular, the firm’s experts have provided the Client with a legal advice on the issues of its interest in the sphere of tax law and intellectual property law as well as necessary assistance in the state registration of the Forbank Online computer program (hereinafter the “Software”) with the Register of Computer Programs of Rospatent (hereinafter the “Rospatent Register”) and the inclusion of information about the Client’s Software in the Unified Register of Russian Computer Programs and Databases of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation (hereinafter the “Unified Register of the Ministry of Digital Development”).

Since 1 January 2021, the benefits from inclusion in the Unified Register of the Ministry of Digital Development for domestic IT developers and digital labs have expanded significantly after the legal amendments to Article 149 of the Tax Code of the Russian Federation had become effective. For example, transactions in the sale or licensing of computer programs included in the Unified Register of the Ministry of Digital Development are exempt from VAT. In addition, the inclusion of a computer program in this registry allows the developer (rights holder) to obtain certain preferences when making state procurement. At the same time, the documentary confirmation of the exclusive rights and that the created computer program is exactly of the domestic origin is of great importance for inclusion of the computer program in the Unified Register of the Ministry of Digital Development.

Result

Our team of lawyers and software attorneys has successfully accomplished all the tasks as requested by the Client. As a result of our legal consultations and efforts made during this project, the Software owned by the Client has been registered with Rospatent under certificate of state registration of the computer program No. 2020612030 dated 14 February 2020. In addition, the Client’s Software has been included in the Unified Register of the Ministry of Digital Development by Order of the Ministry of Digital Development of Russia No. 434 dated 06 May 2021, Appendix No. 1, register No. 10400. Therefore, this will allow the Client to legally confirm its exclusive rights to the Software and make use of the specified tax benefits when exploiting its rights to the Software in commerce.

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