The new sanctions also apply to design and manufacturing software used in architecture, construction, manufacturing, media, education and entertainment, including:
- Building information modeling (BIM)
- Computer-aided design (CAD)
- Computer-aided manufacturing (CAM)
- Engineer-to-order (ETO)
- Standard components of the above
It is also prohibited to provide financing, technical support and other services related to the provision of software. The adopted sanctions will affect widely used programs such as SAP, Microsoft, Autodesk and Oracle. The amendments provide for a transition period, which Russian companies can use to develop and legally formalize new approaches to the software they use.
Thus, until 20 March 2024
, actions to terminate already concluded agreements and addenda under which software rights are granted are permitted.
Another important change is that the 12th package of sanctions revises the approach to exemptions from requirements for Russian companies that are subsidiaries of European and Western entities. Subsidiaries of European and Western entities in Russia, without special permission from the regulator, may use the affected software only until 20 June 2024
In the coming months, special attention should be paid to the termination of licenses: the new sanctions package does not make exceptions for cases where Russian licensees have paid for rights of use for several years in advance. Therefore, one of the legal difficulties that companies may face is the refunding of fees.
Moreover, it is recommended that a careful approach be taken to formalizing legal relations with new contractors-suppliers of software products, taking into account the other details of the sanctions regulation.
The B1 team is ready to provide support on various issues related to EU sanctions in the field of intellectual property, including legal advice on the impact of sanctions on the current activities of companies and the preparation of licensing and other accompanying agreements.