Rule rethink would apply only to those in countries that support sanctions
Russia is considering handing out licenses to use foreign software, database, and chip design patents, and legalizing software copyright violations, in response to sanctions imposed over its invasion of Ukraine. According to Russian business publication Kommersant, a government document drafted on March 2 outlines possible actions to support the Russian economy, which faces extensive trade restrictions from the US, the UK, and Europe, and business withdrawals. With companies like Apple, Oracle, Microsoft, and SAP halting sales (though not ending service to existing customers), Russia has instituted tax breaks for technology firms and conscription deferments for IT workers to retain its core resources and talent during the conflict. The March 2 document, Kommersant says, proposes a compulsory license for patented software, databases, and chip designs, and contemplates abolishing criminal and administrative liability for software license violations, but only for rights holders from countries that support the sanctions against Russia. Companies inside Russia and external firms from countries that haven’t ventured an opinion on the invasion and shelling of civilians should see continued legal protection, whatever that’s worth, for their intellectual property. The compulsory license would be allowed under Article 1360 of the Civil Code of the Russian Federation. As algorithmically translated, it reads: Our reading of this is that the Kremlin wants to grant organizations licenses to use patented technology, without the permission of the patent holders, with some kind of payment offered. History doesn’t repeat itself but it rhymes. It used to be that practically all software in Russia was pirated or used without a license. It may yet be again and may not matter as much. Though the Russian Federation adopted copyright commitments made by the Soviet Union before its dissolution in 1991, subsequently enacted its own copyright rules in 1993, and joined the Berne Convention in 1995, software copyrights were widely ignored in the country during the 1990s.
