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.<\/p>\n\n\n\n
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<\/a> 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n With Regulation (EU) 2024\/1745 of 24 June 2024<\/a> a new article, 5v, was added to the existing Regulation (EU) 833\/2014<\/a>. 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.<\/p>\n\n\n\n The core of the new sanctions include:<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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:<\/p>\n\n\n\n Does this prohibition also apply to existing trademarks or patents already registered?<\/strong> What if, as a Belgian company, I made an invention together with a Russian company and want to apply for a patent?<\/strong> Has Russia introduced similar measures that prevent European companies from applying for trademarks or patents in Russia?<\/strong> 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.<\/p>\n\n\n\nThe regulations: the new article 5v<\/h3>\n\n\n\n
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Legal analysis and interpretation<\/h3>\n\n\n\n
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What this specifically means<\/h3>\n\n\n\n
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FAQ (frequently asked questions)<\/h3>\n\n\n\n
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).<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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).<\/p>\n\n\n\nConclusion <\/h3>\n\n\n\n
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