ARTICLE
10 March 2022

Russia Responding To Sanctions With Threats To Suspend IP Rights

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Marks & Clerk

Contributor

Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
Russia has now responded to the economic sanctions recently imposed by various countries, following the military invasion of Ukraine.
Worldwide Intellectual Property

Russia has now responded to the economic sanctions recently imposed by various countries, following the military invasion of Ukraine. The Russian Prime Minister has announced a suspension of normal compulsory licensing rules. This means that, whereas IP owners would expect a "reasonable compensation" for compulsory licensing of their IP in Russia, now, such owners from sanction countries would receive 0% compensation. 

Also, whereas compulsory licensing rules usually only apply to pharmaceuticals and associated goods, the range of products to which the law extends has been broadened. It's reasonable to assume that the Russian authorities will respond sympathetically to any Russian entity wishing to use IP from a sanctioned country in the present circumstances.

IP owners have unsurprisingly responded to this news with dismay. However, there is, as yet, no clarity on whether this only applies to patents, or to other IP rights. It's also not clear how long this regulation will apply for. No doubt more information will materialise as the situation evolves.

Russia's prime minister Mikhail Mishustin announced yesterday, March 7, that rights owners from territories that have sanctioned Russia would not be entitled to any compensation for the unauthorised use of their intellectual property.

https://www.managingip.com/article/b1x2lwt4vq3f

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