the Meeting was opened by member of the Board of RSPP, Chairman of the RSPP Committee on intellectual property and the creative industries, the President of the Association IPChain Andrei Krichevsky. He spoke about the initiatives and the complex of urgent measures to support creative industries and the development of intellectual property market, significantly affected by the pandemic. Proposals are reflected in two documents which are currently under consideration of the Government of the Russian Federation. Both are aimed at creating a coherent system of support from the representatives of the creative sector. “the Ministry of economic development intends to include our proposals in the road map for the transformation of the business environment, and the Ministry of culture has supported our initiative to abolish VAT for all creative industries, including music industry” – said Krichevsky and added that measures to support creative industries, which can be implemented at the level of Moscow, the Committee also presented the Vice-mayor Natalia Sergunina.
According to Krichevsky, to support creative industries in Russia it is necessary to apply the provisions of the Beijing Treaty on audiovisual performances 2012. It is important not to bring down the digital market that is just beginning to strengthen its position. a “All associated with the Beijing Treaty should be read in conjunction with the abolition of VAT on transactions with intellectual property rights, have now become a kind of stumbling block. For example, the replacement of VAT by sales tax with the final service or product – an effective measure that can support not only IP, but the entire innovation economy. The market size of the creative industries is not as large in scale with all other industries of our country. We felt that represents each branch. It turned out that the whole music industry in Russia accounts for only 1 billion dollars. To the state budget VAT loss this amount is not so noticeable. It should be noted that is not subject to VAT software products, movies and patents. In General, the issue of the release deals with all types of intellectual property from VAT is significant for industries and for the state budget – is not very burdensome.”
during an online meeting, the Deputy Chairman of the RSPP Committee on intellectual property and the creative industries, the President of Federation of intellectual property Sergey Matveev reported that the Agency invited the Committee to participate in the export development of IP and the creation of a specialized Depository of the results of intellectual activities of export-oriented and specialized electronic platforms to support export transactions. Matveev explained the principle on which was formed a CRizlojenie on the establishment of the Depositary: “We proceeded from the fact that the pool of objects of interest for export, a wide and very diverse. This is the traditional objects protected by copyright: literary works, scripts, theatrical plays and computer games, software, animation and other audiovisual works, collections of photographs of classical works, scores and so on. The second group is process objects, that is, everything related to production, industrial design. To create a single Depository for all kinds of objects offered for export, it is impossible. The task is rather to integrate those that are, and help them to deliver objects to specialized “Windows”.
Deputy Chairman of the RSPP Committee on intellectual property and the creative industries Anatoly Semenov said one of the main problems of the Russian exports of intellectual property: “If the foreign markets will be provided to the Russian person, it will have the opportunity to broadcast, say, in Latvia, perhaps even with the right to sublicense. If there are limitations, which for a transaction to export the subject must be outside the Russian jurisdiction, it will mean that the deal is not formally export. That is, when the operation of the Depository, it would be reasonable to assume the country’s use of the results, and not focus on the jurisdiction of the second party to the transaction.”
we have also Discussed the proposal for automatic generation of certificates for exchange control within the platform to support transactions. This proposal is interesting, but practically not feasible, the adviser of the Law Bureau “Egorov, Puginsky, Afanasiev & partners”, Executive Director of the NP “Assistance to competition development” Helen Avakian. According to her, tax guides now written into the Tax code in such a way that it is almost impossible to use. For this reason, it is difficult to imagine that the results will take place in automatic mode. a “I don’t think the idea of creating such a platform with the state support should be made dependent on tax decisions – in this case, it can become a stumbling block”. The expert stressed that even abroad, this practice has not been fully automated, and no tax will not take risks for the automatic issuance of documents.
Solutions in the field of support of export of services should be based on a system of relations, organically suited to the industry. According to the Director of the Center for legal protection of intellectual property Vladimir Entin, the framework should be targeted at organisations that nobucheniu of the Russian right holders already working with foreign partners. a “For example, I have a performance with a fully-cleared rights or any other complex object. Accordingly, I can promote it on foreign markets through its traditional partners to either provide the same amount of rights site that will find me clients and do the legal registration abroad” he said.
Entin added that the Playground will be able to become an aggregator of service providers in the field of export support and solving administrative issues. a “I Think it makes sense to choose several pilot projects from different areas, and on the basis of experience to give explanations and recommendations”, – concluded the lawyer.
the Founder and CEO of Alliance GT, and the author of the educational course “Digital alphabet” Anastasia Efimova expressed the hope that the new platform will allow market players the IP to work with state subsidies and grants: “It would be nice to unite on the platform to survive in the new reality, because it is difficult for us to reach out to all ministries”.
Almost all the companies have noticed that market participants create a Depository for storage of protected results in digital form, and the state should not duplicate existing technical solutions and to provide the interface for integrating with them. That in the technical field, the task of creating the design of the depositories, technical documentation and related “portfolio of patents” particularly complex, drew the attention of the head of partnerships and intellectual property of the Block for innovation management Rosatom Sergey Yugay, recommending to focus the state’s efforts to coordinate the solutions of this problem.
Deputy Chairman of the Committee on exhibition activities, General Director of LLC “Exhibition company “Mir-Expo” Vladimir Bannikov said that for a successful export of the results of intellectual activities of the right holders of common approaches were needed: “we Need to establish a kind of standards, methodological recommendations, so we can provide Russian rightholders sequence of actions inside the country and abroad”.
the Committee discussed a number of related issues.
the Executive Director of “RusBrand” Alexey Popovichev suggested a new edition of the Code of administrative offences, over which the Ministry of justice: “From the code of the removed article 14.10, allows police to work with the violations in the sphere of trademarks. Now they have actually moved into the sphere of Antimonopoly regulation in accordance with article 27.3, which is mentioned as a violation of competition. As a result, the market is likely to remain out of control.” In response, the Deputy Chairman of the RSPP Committee on intellectual property and the creative industries Anatoly Semenov promised to take this issue under his personal control.
