Article 1245. The Fee for Free Reproduction/Playback of Sound Recordings and Audiovisual Works for Personal Purposes

1. The authors, performers and manufacturers of sound recordings and audiovisual works are entitled to receive a fee for a free reproduction/playback of the sound recordings and audiovisual works exclusively for personal purposes. Such fee is of a compensatory nature, and is payable to right holders from the funds payable by the manufacturers and importers of the equipment and material media used for the reproduction/playback.
A list of the equipment and material media, and also the amount of, and procedure for collecting, the funds shall be approved by the Government of the Russian Federation.

2. The collection of the funds intended for disbursing fees for the free reproduction/playback of sound recordings and audiovisual works for personal purposes is the responsibility of the accredited organisation (Article 1244).

3. A fee for a free reproduction/playback of sound recordings and audiovisual works for personal purposes shall be distributed among the right holders in the following proportion: 40 per cent to the authors, 30 per cent to the performers, 30 per cent to the manufacturers of the sound recordings or audiovisual works. The distribution of the fee among specific authors, performers, manufacturers of sound recordings or audiovisual works shall be made pro rata to the actual use of the relevant sound recordings or audiovisual works. The procedure for distributing the fee and for paying it out shall be established by the Government of the Russian Federation.

4. No amounts of money for the purpose of paying out the fee for the free reproduction/playback of sound recordings and audiovisual works for personal purposes shall be collected from the manufacturers of the equipment and the material media which are deemed a subject matter of exportation, or from the manufacturers and importers of professional equipment not intended for home use.

Article 1246. The State Regulation of Relationships in the Area of Intellectual Property

1. In the cases envisaged by the present Code the enactment of normative legal acts for the purpose of regulating relationships in the area of intellectual property which relate to objects of copyright and allied rights is the responsibility of the authorised federal executive governmental body charged with normative legal regulation in the area of copyright and allied rights.

2. In the cases set out in the present Code the enactment of normative legal acts to regulate the relationships in the area of intellectual activity which are inventions, utility models, industrial designs, computer programmes, databases, integrated circuit layout-designs, trademarks and service marks and the appellation of origin of goods is the prerogative of the authorised federal executive governmental body charged with normative legal regulation in the area of intellectual property.

3. The legally-significant actions of state registration of inventions, utility models, industrial designs, computer programmes, databases, integrated circuit layout-designs, trademarks and service marks and the appellation of origin of goods, including the acceptance and expert examination of relevant applications, of the issuance of patents and certificates certifying the exclusive right of their right holders in the said results of intellectual activity and means of individualisation, and in the cases envisaged by a law, also other actions relating to the legal protection of the results of an intellectual activity and means of individualisation shall be committed by the federal executive governmental body charged with intellectual property matters. In the cases envisaged by Articles 1401-1405 of the present Code the actions mentioned in the present item may also be committed by the federal executive governmental bodies authorised by the Government of the Russian Federation.

4. In respect of breeding achievements the functions specified in Items 2 and 3 of the present article shall be carried out by the authorised federal executive governmental body changed with normative legal regulation in the area of agriculture, and the federal executive governmental body charged with breeding achievements respectively.

Article 1247. Patent Attorneys

1. Dealings with the federal executive governmental body charged with intellectual property matters may be carried out by an applicant, right holder, or other person concerned on his/its own or through a patent attorney registered with the said federal body or through another representative.

2. Citizens who permanently reside outside the territory of the Russian Federation and foreign legal entities shall carry out their dealings with the federal executive governmental body charged with intellectual property matters through patent attorneys registered with the said federal body, unless otherwise envisaged by an international treaty of the Russian Federation.
If an applicant, right holder or another person concerned carries out dealings with the federal executive governmental body charged with intellectual property matters on his/its own or through a representative not being a patent attorney registered with the said federal body, they shall provide an address on the territory of the Russian Federation for correspondence purposes on the request of the said federal body.
The powers of a patent attorney or another representative shall be certified by a power of attorney issued by the applicant, right holder or other person concerned.

3. A patent attorney may be a registered citizen of the Russian Federation who permanently resides on the territory thereof. The other requirements applicable to a patent attorney, the procedure for attestation and registration thereof, and also his powers in respect of dealing with cases relating to the legal protection of the results of intellectual activity and means of individualisation shall be established by a law.

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