IPR protection in Russia - latest news

Bill on restrictions on IPR of companies from "unfriendly states"

The Russian State Duma is currently reviewing a bill that seeks to limit the IPR of entities and individuals from "unfriendly" states. "Unfriendly" states are any states that conduct "unfriendly" actions against Russia. In reality, all countries that have sanctions in place are viewed as "unfriendly".

In an official response, the Russian Government contends that the bill conflicts with Article 443 of the Russian Constitution, which guarantees IPR protection, and may contravene international agreements that mandate equal IPR protection for foreign and Russian entities alike. The bill was scheduled for discussion in the October session of the State Duma, and it is still unknown whether the bill will be passed and whether this will be in its current or amended form. 

Anonymization of IPR owner information in Rospatent

Starting on September 30, 2024, IPR owners in Russia will have the option to anonymize their information in the Russian IPR register, Rospatent. This measure, effective until December 31 2025, is accessible to all IPR owners regardless of nationality or residence. While official reasons for this amendment have not been disclosed, it is speculated that it may serve data protection purposes or respond to international sanctions. 

Prior developments: Decree on temporary procedures for IPR acquisition 

On May 20, 2024, Decree No. 430 was issued, outlining a temporary procedure for acquiring exclusive IPR from owners in "unfriendly" jurisdictions and regulating related financial transactions. This decree requires that all new contracts for IPR acquisition by Russian entities from foreign IPR owners in sanctioned countries be government controlled. Additionally, any payments under existing agreements with IPR owners from said "unfriendly" states must be processed through specific "type O" accounts, which require government authorization for withdrawals.

Want to know more?

The situation in Russia is regularly changing, and Plesner's IP team closely follows the developments and will continue to provide updates.

Please also visit Plesner's site regarding Export Control and Trade Sanctions, where more general information on sanctions related to the conflict in Ukraine is presented.