Supporting IT companies and foreign software vendors in the market of the Republic of Belarus
Yurconsult LLC organizes comprehensive support for IT companies and foreign software manufacturers (vendors) in the market of the Republic of Belarus — from trademark registration and defining product localization requirements to software testing and certification, product training, documentation development and ongoing support.
Operating in a new market requires accounting for the specifics of national legislation and observing numerous formalities: registration and protection of intellectual property, personal data and state language requirements, certification and inclusion in registers, contractual and currency formalities. Our support keeps the client's activities compliant with the established requirements at every stage.
Yurconsult LLC acts as the organizer and coordinator of the support and does not provide legal services independently: legal work, as well as work requiring special rights, licenses or permits, is performed by engaged industry specialists and organizations.
What the support includes
Yurconsult LLC organizes and coordinates work at the intersection of law and information technology — the full cycle of the client's activities in the market of the Republic of Belarus.
- legal
- organization of legal work with engaged industry specialists: analysis of applicable legislation, choice of market presence model, contract work, tax, currency and antitrust regulation
- intellectual property
- organization of trademark registration, depositing of computer programs and databases, registration of license agreements, .by and .бел domain names
- organizational
- assistance in opening a representative office or establishing an organization, HR paperwork organization, building a distribution and partner network
- localization
- defining the scope and formulating localization requirements for the product, documentation and materials, organizing their execution into Russian and Belarusian
- certification and formalities
- organizing conformity assessment processes, inclusion in registers, obtaining licenses, permits and filing notifications
- training and testing
- organizing software product training, testing and certification in accordance with national standards
- documentation
- organizing the development of legal, technical and operational documentation for the software product and the activity
- informational
- maintenance of information resources, preparation of materials in the state languages, informational market promotion
- representative
- organization of representing the client's interests in relations with counterparties, partners and government bodies, support in procurement procedures
Work requiring special rights, licenses or permits (legal services, patent attorney services, testing and certification) is performed by engaged industry specialists and organizations — Yurconsult LLC organizes and coordinates its execution in the client's interests.
Rights registration and protection
The support includes organizing the registration and protection of rights to intellectual property results and means of individualization in the territory of the Republic of Belarus.
Trademark and brand
- preliminary check of the designation and selection of Nice Classification classes
- organization of national trademark registration in the Republic of Belarus
- organization of international registration under the Madrid System designating the Republic of Belarus
- organization of registration and protection of domain names in the .by and .бел zones
- organization of protection against bad-faith registrations by third parties
Rights to the software product
- organization of depositing computer programs and databases
- organization of registration of license, assignment and franchise agreements
- organization of a chain-of-title review of the product — contracts with developers and right holders
- organization of trade secret regime formalization and non-disclosure agreements
- organization of support for intellectual property disputes
Product localization support
We determine what exactly must be localized in the client's product and organize its execution in accordance with legal requirements.
Defining requirements
- identifying localization objects: interface, documentation, contracts and offers, advertising materials
- analyzing statutory language requirements for the specific product and activity
- formulating localization requirements for the client's development team
- assessing the need for functionality adaptation: currency, company details, date formats, accounting forms
Performing localization
- organizing preparation of materials in Russian and Belarusian
- organizing adaptation of the public offer, user agreement and personal data policy
- organizing localization of technical and operational documentation
- organizing alignment of advertising and informational materials with advertising legislation
Certification and formalities
We organize certification processes and other formalities established by the legislation of the Republic of Belarus for IT companies and software distribution.
- conformity assessment
- organization of certification and declaration of products and services in the National Conformity Assessment System of the Republic of Belarus and under EAEU technical regulations
- registers
- assistance with including software in national registers, including those granting tax benefits for sales in the territory of the Republic of Belarus
- licenses and permits
- organization of obtaining licenses and permits for licensed activities, including in the field of technical and cryptographic information protection
- personal data
- organization of notifying the authorized body on cross-border transfer and preparing internal documents in accordance with the Law of the Republic of Belarus No. 99-Z of 07.05.2021
- currency formalities
- organization of currency contract registration and compliance with currency legislation in settlements with non-residents
- other formalities
- notifications, approvals and registrations established by legislation for the client's specific business model
Product training and testing
We also organize software training, testing and certification in accordance with the national standards of the Republic of Belarus.
Software training
- organization of training for software product users and administrators
- organization of preparing educational and methodological materials in Russian and Belarusian
- delivery of training courses on our own educational platforms
- organization of training for specialists of customers, distributors and partners
Testing and certification
- organization of software testing in accordance with national standards
- organization of trials and interaction with testing laboratories
- organization of software certification in the National Conformity Assessment System of the Republic of Belarus
- organization of documentation preparation for testing and certification procedures
Documentation development
We organize the development of documentation required for lawful distribution of the software product and operating in the market.
Legal documentation
- distribution, license, agency and partnership agreements
- public offer, end-user license agreement (EULA), service level agreement (SLA)
- personal data policy and internal acts on their processing
- founding documents when establishing an organization in the Republic of Belarus
Technical documentation
- user and administrator manuals, operational documents
- specifications and documentation in accordance with standards, including ESPD
- documentation for certification and testing procedures
- documentation for participation in procurement of government bodies and organizations
Who it is for
IT companies
Organizations operating in information technology and planning to start or scale their activity in the market of the Republic of Belarus:
- assessment of legal requirements applicable to the activity and the product
- organization of contract work with Belarusian counterparties
- organization of bringing information resources into compliance with established requirements
- organization of ongoing support of the market activity
Foreign software vendors
Foreign software manufacturers and right holders operating or planning to operate in the market of the Republic of Belarus, including without establishing their own legal entity:
- software distribution, licensing and supply models
- assistance in opening a representative office or establishing an organization
- organization of product and accompanying materials localization
- organization of product training, testing and certification to national standards
- support in procurement and procedures of government bodies and organizations
- organization of representation of interests before partners and government bodies
What must be considered
The activities of IT companies and software distribution in the market of the Republic of Belarus are governed by special legal requirements.
Product and resource requirements
- processing and cross-border transfer of personal data — Law of the Republic of Belarus No. 99-Z of 07.05.2021
- requirements for website operation — Decree of the President of the Republic of Belarus No. 60 of 01.02.2010
- use of state languages in information materials and interfaces
- advertising legislation and rules on legal means of payment
- registration and protection of rights to computer programs and databases
Market presence models
- representative office of a foreign organization
- establishing a subsidiary or a joint venture
- distribution and agency models without a legal entity
- High-Tech Park residency and applicable benefits
- participation in procurement and procedures of government bodies and organizations
Support stages
Analysis
Assessment of the client's software product and business model, identification of applicable legal requirements and the optimal presence model.
Rights protection
Organization of trademark registration, software depositing, domain name formalization and the chain of title.
Preparation
Defining localization requirements, organizing product and resource compliance and developing the contractual distribution and licensing model.
Formalities
Organization of certification processes, inclusion in registers, obtaining licenses and permits, currency contract registration.
Launch
Organization of registration procedures, launch of localized information resources, establishing partner relations.
Ongoing support
Continuous organizational, documentary and informational support of the client's activity, coordination of representation of interests.
See also
Discuss cooperation
To discuss organizing support or concluding a contract, contact us by e-mail — we will answer all your questions