Protection of patents and trademarks of “unfriendly persons”: the cancellation bill failed to pass
Our clients ask: are trademarks, patents and other intellectual property objects subject to legal protection in Russia if they are owned by persons from unfriendly countries? Is it possible to terminate such protection on the grounds that the right holder is considered a “unfriendly person”?
As of today, the answer is unambiguous: no. There are no norms in Russian legislation that would automatically cancel the protection of intellectual property on this ground.
Bill on cancellation of intellectual property protection
In the summer of 2024, a draft law (No. 651038-8) was discussed, proposing a complete termination of legal protection for intellectual property objects owned by entities from “unfriendly” countries. The initiators of the idea claimed that this decision would lead to positive changes in the development of Russian technologies.
Reasons for postponement
During the discussion, the Russian Government and the State Duma's profile committee opposed the initiative, noting its inconsistency with the Russian Constitution (Article 44), current legislation and Russia's international obligations (such as the Berne and Paris Conventions and others).
As a result, consideration of the draft law was postponed indefinitely.
The termination of legal protection of intellectual property objects of unfriendly persons may cause a sharp increase in counterfeiting and entail risks for consumers. At the moment, foreign companies do face difficulties in protecting their rights, but mainly for other reasons related to the counter-sanctions regulation.
More materials on this topic can be found in our second channel Magenta IP, where we share information on judicial practice, cases and strategies for protecting intellectual property rights.
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