Russia’s IP threat: what might happen next?


Agnieszka Sztoldman

Russia’s IP threat: what might happen next?

Following Russia’s threat to suspend IP rights in the wake of sanctions imposed by the west, Agnieszka Sztoldman of the University of Wrocław in Poland explores the potential fallout.

On March 6 the Russian Federation issued Decree No. 299, under which owners of patents, utility models, and industrial designs related to foreign states that commit hostile acts against Russian companies and individuals would not be entitled to compensation for infringement of these rights.

The list of unfriendly states published by Russia includes the US, Canada, EU countries, UK, Ukraine, Montenegro, Switzerland, Albania, Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, North Macedonia, as well as Japan, South Korea, Australia, Micronesia, New Zealand, Singapore, and Taiwan.

The Russian government is looking to exercise the compulsory licensing provision stipulated under Article 1360 of the Civil Code of the Russian Federation. Russia uses the mechanism of “expropriation of IP rights”—similar to its mechanism of a “compulsory licence”, intended to mitigate the economic results of economic sanctions imposed on Russia.

IP rights, Russia, Ukraine, University of Wrocław, patents, utility models, industrial designs, infringement, inventions, sanctions, Russian Federation