How Are Software Licensing Disputes Resolved in Belarus?

A software licensing dispute – this is any disagreement arising between parties regarding the rights to use, distribute, or modify software, including conflicts over copyright ownership, breach of license terms, SaaS contract performance, or unauthorized use of code. In Belarus, where the IT sector has grown significantly and the Hi-Tech Park (HTP) has attracted numerous technology companies, such disputes are increasingly common. They can arise between developers and customers, licensors and licensees, or business partners and former employees. For foreign investors and IT companies operating in Belarus, understanding the legal framework for software protection, the proper structuring of SaaS agreements, and the available enforcement mechanisms is essential for protecting valuable intellectual property. This guide examines the key sources of software licensing disputes in Belarus, the legal tools available for rights holders, and practical strategies for resolution.

What Legal Framework Governs Software Protection in Belarus?

Software licensing disputes in Belarus are governed by a combination of intellectual property law, contract law, and specialized regulations for the IT sector.

Copyright Protection for Software. Under Belarusian law, computer programs are protected as objects of copyright. Article 4 of the Law of the Republic of Belarus No. 262-Z “On Copyright and Related Rights” (May 17, 2011) defines a computer program as “a set of commands and data presented in an objective form, intended for use on a computer and in other systems and devices for the purpose of processing, transmitting and storing information, performing calculations, obtaining audiovisual images and other results”.

Key features of copyright protection for software include:

SaaS Contracts: The “Mixed Agreement” Approach. Belarusian legislation does not contain a specific definition of “SaaS” (Software as a Service). However, the Regulation on the Hi-Tech Park, approved by Decree of the President of the Republic of Belarus No. 12 of September 22, 2005, defines “cloud computing technology” as “technology for providing the user with computing resources and software as a service using telecommunications networks and through automation of resource allocation, application deployment and development processes”.

According to the National Center for Intellectual Property, a SaaS arrangement involves two distinct legal elements:

• The right to use softwareas an object of copyright (governed by a license agreement)
• Technical support and access servicesenabling actual use (governed by a service agreement)

Therefore, for SaaS models, it is advisable to conclude a mixed contract containing elements of both a license agreement and a paid services agreement.

What Types of Software Licensing Disputes Are Most Common?

Disputes in the IT sector typically fall into several recurring categories.

1. Contract Disputes Between Developers and Customers.

The most frequent disputes arise from non-compliance with contract terms, including:

• Failure to meet delivery deadlines
• Unsatisfactory service or software quality
• Non-compliance with technical specifications
• Disagreements over changing contract terms or termination
• Disputes over payment obligations

2. Copyright and Ownership Disputes.

These disputes often center on:

• Who owns the rights to developed software
• Whether a contractor granted a license or assigned full rights
• Unauthorized use or copying of code
• Reuse of code in competing projects
• Disputes between co-authors or joint developers

A recurring practical issue is the chain of title – the documented path from author to current rights holder. When the chain is incomplete – missing assignment documents, unclear employment status, or unsigned license addenda – enforcement can stall.

3. Employee and Former Partner Disputes.

A common trigger is internal change: an employee leaves, takes design files or code, and reuses them at a new venture. In such cases, copyright overlaps with confidentiality and unfair competition considerations.

4. SaaS Service Quality Disputes.

Disagreements may arise over:

• System downtime or unavailability
• Failure to meet service level agreements (SLAs)
• Data loss or security breaches
• Unauthorized changes to the software

5. License Compliance Disputes.

Licensors may discover that licensees are:

• Using software beyond the scope of the license
• Exceeding user limits or deployment restrictions
• Failing to pay license fees or royalties
• Distributing software without authorization

What Does Recent Court Practice Reveal About Software Disputes?

2023 Statistics from the Judicial Board for Intellectual Property.

In 2023, the Judicial Board for Intellectual Property of the Supreme Court of the Republic of Belarus considered 148 court cases related to intellectual property disputes.

The high number of debt collection and compensation claims in copyright disputes suggests that financial remedies are a primary concern for rights holders.

Enforcement of Foreign Judgments Involving Software.

A notable case involved the recognition and enforcement in Belarus of a judgment from the Economic Court of Tashkent, Uzbekistan concerning a software licensing dispute. The debtor had entered into both an implementation agreement and a license agreement, receiving payment for a 50-year license but delivering software that was unfit for use. The Tashkent City Court terminated the agreements and ordered repayment of the license fee for the unused period (48 years) in excess of USD 200,000. The Economic Court of Minsk recognized and enforced this judgment under the 1992 Kiev Agreement on the Procedure for Settlement of Disputes Related to Economic Activities.

This case illustrates that Belarusian courts will enforce foreign judgments in software disputes where international treaties provide a basis, and that license fee recovery for unused periods is a recognized remedy.

What Are the Key Contractual Considerations for Software Agreements?

Clear Contracts as the First Line of Defense.

To prevent disputes, foreign investors should ensure that contracts are detailed and clear, including :

• All cooperation conditions
• Deadlines and milestones
• Rights and obligations of each party
• Dispute resolution procedures

Essential Clauses for Software Development Agreements.

SaaS Contract Considerations.

For SaaS arrangements, the mixed contract should clearly address:

• Scope of the license (number of users, features, term)
• Service level commitments (uptime, support response times)
• Data ownership and security obligations
• Termination rights and transition assistance

What Evidence Should Be Preserved in a Dispute?

Most copyright enforcement succeeds or fails on evidence quality. Online infringements are volatile – pages change, accounts disappear, and content is reposted.

Evidence Preservation Checklist:

• For online infringement:Capture infringing pages with visible URL and date/time; save HTML, page resources, and direct file URLs
• For software:Preserve repository logs, commit histories, dependency files, and build outputs demonstrating creation and originality
• For ownership:Collect employment documents, assignments, licenses, contractor agreements, acceptance certificates
• For communications:Preserve emails, messages, briefs, approvals, and payment records
• For harm:Document lost contracts, reduced traffic, brand confusion, or reputational impact

Prompt collection of evidence helps show what happened and when, reducing disputes about authenticity.

What Dispute Resolution Options Are Available in Belarus?

1. Negotiation.

The first and most common approach. Parties discuss differences and attempt to reach an acceptable solution without involving third parties.

2. Mandatory Pre-Trial Claim Procedure.

In Belarus, the claim procedure is mandatory for disputes involving companies. The aggrieved party must send a written claim describing the violations and specifying requirements. If the recipient ignores the claim, the sender may apply to court.

3. Mediation.

Mediation uses a neutral mediator to help parties reach a compromise. This approach helps preserve business relationships and can shorten conflict resolution time.

4. Arbitration.

Arbitration is particularly important for foreign investors. Belarus has arbitration institutions, such as the International Arbitration Court at the BelCCI, that can handle IT disputes. Parties should include arbitration clauses in contracts, especially if they may involve foreign arbitration .

5. Court Proceedings.

Litigation in Belarusian economic courts is the most formal and time-consuming option. However, for intellectual property disputes, there is a specialized Judicial Board for Intellectual Property within the Supreme Court.

6. Administrative and Other Remedies.

Rights holders may also seek protection through :

• Law enforcement authorities(police) for counterfeit goods
• Customs authorities(by registering trademarks in the customs register)
• Ministry of Antimonopoly Regulation and Trade (MART)for unfair competition claims
• Board of Appeal at the National Center for Intellectual Propertyfor challenging trademark registrations

What Remedies Are Available in Software Disputes?

Successful claimants may obtain:

In 2023, more than half of copyright claims in the IP Judicial Board were partially or fully satisfied, demonstrating that courts are willing to grant relief to rights holders.

Practical Recommendations for Preventing and Managing Disputes

For Rights Holders and Licensors:

1. Document the chain of title.Maintain clear records of authorship, assignments, and licenses.
2. Use clear, detailed contracts.Include ownership provisions, payment terms, and dispute resolution clauses.
3. Preserve evidence proactively.Collect and archive source code, development records, and communications.
4. Register rights where possible.While copyright is automatic, registration with NCIP provides additional evidence.
5. Monitor for unauthorized use.Regular monitoring helps detect infringement early.
6. Respond promptly to violations.Use structured pre-action approaches – demand letters, takedown notices – before litigation.

For Licensees and Customers:

1. Verify ownership.Ensure the licensor has clear rights to the software.
2. Understand license scope.Confirm what uses are permitted and any restrictions.
3. Document acceptance.Maintain records of testing and acceptance decisions.
4. Comply with payment obligations.Avoid disputes over unpaid fees.
5. Seek escrow arrangements.For critical software, consider source code escrow to protect against developer failure.

General Risk Management Strategies:

• Conduct regular legal reviews of contracts
• Maintain detailed documentation of all processes
• Train employees on work ethics and confidentiality
• Develop risk management strategies
• Engage local legal counsel with IT specialization

Software licensing disputes in Belarus require a strategic approach combining intellectual property law, contract analysis, and procedural knowledge. The specialized IP Judicial Board of the Supreme Court, the availability of arbitration through the BelCCI, and the growing body of case law provide a functioning framework for dispute resolution.

Successful outcomes depend on:

• Clear contractual foundationsthat allocate rights and obligations
• Meticulous documentationof ownership, licenses, and performance
• Prompt actionwhen disputes arise, including evidence preservation
• Strategic choiceof dispute resolution forum
• Professional guidancefrom counsel experienced in IT disputes

The law firm “Economic Disputes” has been providing B2B legal services since 2019, with a core specialization in intellectual property disputes and IT contract litigation. Our team of 15 lawyers and specialists brings 15 to 25 years of practical experience in copyright law, software licensing, and representing clients in economic courts and arbitration. The firm’s director, Sergey Belyavsky, has a unique 20-year background in economic courts, including a decade serving as a judge, which provides us with strategic insight into judicial decision-making and dispute resolution. We are members of international professional associations and maintain a partner network in over 160 countries.

We have helped clients recover and safeguard 1.95 billion Belarusian rubles, supported by more than 100 client reviews with an average rating of 4.95 out of 5. We work in Russian, Polish, and English and are prepared to handle even the most complex software licensing disputes. For the convenience of our international clients, we maintain a bank account with PKO Bank Polski to facilitate efficient cross-border settlements.

If your business is facing a software licensing conflict, copyright infringement, SaaS contract dispute, or needs assistance drafting robust IT agreements, submit a request. We will analyze your situation and propose a realistic, effective strategy to protect your intellectual property and commercial interests.