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The state fee for reviewing an application for state registration of a computer program, database or integrated circuit topology and making a decision based on the results of the review will be 5 thousand rubles.
The Federation Council approved at a meeting a law aimed at simplifying the payment of fees for registering a program for electronic computers. The document was initiated by the Russian government.
The law is aimed at updating the provisions of the Tax Code of the Russian Federation in terms of changing the list of actions performed by Rospatent for state registration of a program for electronic computers (ECM), a database and topology of an integrated circuit, as well as the amount of state duty for their implementation. The law establishes the same amounts of state duties for organizations and individuals.
The state fee for reviewing an application for state registration of a computer program, database or integrated circuit topology and making a decision based on the results of the review will be 5 thousand rubles; for reviewing an application from a copyright holder to make changes to the register of computer programs, register of databases or register of integrated circuit topologies and making a decision based on the results of the review – 3 thousand rubles for each computer program, or each database, or each integrated circuit topology.
Currently, when registering in the register, the size of the share of the fee is determined proportionally to the number of payers. To calculate the total amount of the fee, it is necessary to separately calculate the amounts of the fee paid by individuals and legal entities by dividing the amount established for the relevant category of applicants by the total number of copyright holders and multiplying by the number of copyright holders who are individuals or legal entities, respectively, and then summing up the resulting amounts paid by the specified categories of persons. "This system leads to errors in the payment of fees by applicants and an increase in the terms of service provision," the Cabinet of Ministers noted.
The refusal of a differentiated approach to establishing the amount of fees is aimed at simplifying their calculation in cases where the copyright holders of one computer program, database or integrated circuit topology are several individuals and legal entities at the same time, the explanatory note notes. At the same time, budget expenditures for ensuring the registration of computer programs, databases and integrated circuit topologies in the name of individuals and legal entities by Rospatent do not differ. The list of administrative procedures is the same. At the same time, individuals currently make up no more than 18% of the total number of applicants, the Cabinet of Ministers points out.
The law will come into force on January 1, 2025, but not earlier than one month after the date of its official publication.
