New rules for paying non-residents for granting intellectual property rights

On May 27, the President of Russia signed Decree No. 322. Now a special payment procedure applies to payments for the use of the results of intellectual activity, if the right holder:

  • himself associated with an «unfriendly» state or controlled by such a person
  • publicly supported economic or political sanctions against the Russian Federation and Russian persons or publicly called for them
  • after February 23, 2022, he banned the use of his rights in the Russian Federation due to sanctions
  • after February 23, 2022, ceased or reduced its activities in the Russian Federation due to sanctions
  • publicly discredits the Russian army or authorities, disseminates false information about them
  • expresses disrespect to the Russian Federation, government officials, Russian society.

Payments to be paid in rubles to a special type «O» account in an authorized bank.

To receive funds from this account, the right holder must obtain special permission from the government commission.

At the same time, a number of exceptions are established for rights holders from «unfriendly» states that did not stop / reduce their activities in the Russian Federation and did not show disrespect for the Russian Federation (they only have a connection with an «unfriendly» state).

Also, one exception was made for individuals, if the payment does not exceed 100 thousand rubles, while the result of intellectual activity is used by them for personal purposes (not for profit).

The Decree invites debtors to independently assess, based on information in the media and the Internet, whether the right holder meets the named criteria and, accordingly, decide on the procedure for payment.