Can a Russian company still apply for a trademark or patent in the EU?

No, since June 2024, it has become basically impossible for Russian citizens, residents and companies to apply for new intellectual property rights, such as trademarks or patents, within the European Union. This drastic measure is part of the 14th sanctions package against Russia and represents an unprecedented step in international intellectual property law.

The legal context: from targeted sanctions to a blanket ban

Since the annexation of Crimea in 2014, the European Union has incrementally imposed sanctions against Russia. Initially, these measures targeted specific individuals and entities close to the Kremlin, freezing their assets. Starting in 2022, following the large-scale invasion of Ukraine, intellectual property rights are explicitly considered "economic resources" covered by these targeted sanctions. This meant that Intellectual Property Offices could not grant rights to those on the sanctions list.

In response, Russia took countermeasures, including creating a list of "unfriendly states," which includes all EU member states. One of the most discussed Russian measures was the possibility of granting compulsory licenses in certain cases without any compensation to the patent holder from an unfriendly country.

However, the summer of 2024 marked a significant escalation on the part of the EU. The targeted sanctions remained, but were supplemented by a much more far-reaching measure.

The regulations: the new article 5v

With Regulation (EU) 2024/1745 of 24 June 2024 a new article, 5v, was added to the existing Regulation (EU) 833/2014. This article introduces a general and broad prohibition that no longer targets specific individuals, but all Russian citizens, natural persons residing in Russia, and legal entities established in Russia.

The core of the new sanctions include:

• Ban on new applications: The European Union Intellectual Property Office (EUIPO), the Benelux Office for Intellectual Property (BOIP) and all national IP offices within the EU should no longer accept new applications to register trademarks, patents, designs and other intellectual property rights from the targeted individuals and entities. According to the European Commission, such applications should be treated as if they had never been filed.
• Prohibition of other acts: The prohibition is very broad and also affects almost any other act or statement within a pending proceeding. Think of filing an opposition to a trademark or amending a pending application.
• Implications for the European Patent Office (EPO): Because the EPO is not an EU institution, the EU cannot give it direct orders. However, the regulation obliges EU member states to make every effort to ensure that the EPO no longer accepts new European patent applications and requests for unitary effect from Russian parties. This has led to adjustments in the internal regulations of the EPO.
• International Applications: A similar "effort commitment" applies to international applications submitted through the World Intellectual Property Organization (WIPO). walk.

There is a limited exception for citizens of an EU/EEA member state or Switzerland, and for natural persons with a valid residence permit in these countries.

Legal analysis and interpretation

The EU justifies these sanctions by arguing that "The Russian Government and Russian courts have been undertaking actions to illegitimately deprive Member State intellectual property rights holders of their protection in Russia." However, this justification is shaky:

1. False assumptions: The Russian measures relied on by the EU are either more nuanced or have already been reversed. For example, the controversial "zero compensation" for compulsory licenses had already been abolished by Russia four months before the introduction of EU sanctions. Other Russian measures, such as allowing parallel imports, are not prohibited by international treaties such as the TRIPS agreement. Even the high-profile "Peppa Pig" case, in which a Russian judge initially disallowed a British firm's intellectual property rights, was reformed on 21 June 2022 on appeal.
2. Conflict with international law: The sanctions appear to violate the fundamental principle of "national treatment" from the Paris Convention (art. 2) and the TRIPS Agreement (Art. 3). This principle prohibits discrimination based on nationality in access to intellectual property protection. Although security exclusions exist in some treaties (such as TRIPS), they are absent from the Paris Convention.
3. Historically unseen: Even during World War I, warring nations, including France, Germany and the United Kingdom, continued to accept patent applications from enemy nationals. The reason was strategic: it gave them insight into the opponent's technological advances. The current EU approach, which closes the door completely, breaks with this historical practice and deprives the EU of access to information about Russian innovation.

What this specifically means

• For Russian companies and inventors: They lose the ability to legally protect their innovations, trademarks and creations in the European market. Existing rights will remain valid for the time being, but their management will become more complex.
• For European companies and consultants: Caution is needed in collaborations. A joint patent application by a Belgian and a Russian company will now be refused. Intellectual property offices, trademark and patent offices or other legal service providers need to adjust their procedures to rigorously verify the nationality and domicile of applicants.
• For the EU as a strategic player: The measure seems symbolic rather than effective. The number of Russian applications for intellectual property rights in the EU was relatively small, so the economic impact on Russia is likely to be small. However, the danger is that the EU is setting a dangerous precedent that undermines the international, rules-based IP system and could eventually return like a boomerang against European companies in other geopolitical conflicts.

FAQ (frequently asked questions)

Does this prohibition also apply to existing trademarks or patents already registered?
No, the sanctions in Article 5v are aimed at refusing new applications for registration filed on or after 25 June 2024. Rights already granted remain for the time being, although problems may arise under other sanction regimes (e.g., payments).

What if, as a Belgian company, I made an invention together with a Russian company and want to apply for a patent?
Such a joint application will be refused. The regulation explicitly states that the prohibition applies even if the application is filed jointly by a Russian party and a non-Russian party.

Has Russia introduced similar measures that prevent European companies from applying for trademarks or patents in Russia?
No. At the time of the introduction of the EU sanctions, Russia had not taken any measures restricting EU nationals' access to application procedures at the Russian IP Office (Rospatent).

Conclusion

The EU's decision to completely close access to its intellectual property systems to Russian entities is a radical and legally questionable move. The move appears to be based on an incomplete analysis of Russian countermeasures and is at odds with fundamental principles of international law. Although the intention is to put pressure on Russia, it is uncertain whether this strategy will be effective and sets a worrying precedent for the future.