Yulia Yarnykh of the MARQUES Brands and Marketing Team provides an update on two important developments in Russia that may affect trade mark owners

Bill limiting IP rights of companies originating from unfriendly states

The bill on amending certain provisions of the Russian Civil Code to limit IP rights of legal entities and individuals from unfriendly states has recently been introduced to the State Duma.

Following the legislative initiative, the Russian Government prepared the Official Response which states that the bill contradicts part 1 Article 443 of the Russian Constitution which guarantees IP protection.

Moreover, the suggested amendments will violate a number of Russian international obligations and commitments, which grant the same level of IP protection to foreign rights holders as to Russian citizens and legal entities.

The Official Response further states that Russian law contains mechanisms that do not violate the Constitution and international treaties but which allow the introduction of limitations on the ability of foreign rights holders from unfriendly states to execute their IP rights. These legal mechanisms do not provide for the full termination of the IP rights of the indicated persons.

Concluding the Official Response, the Government notes that the legal relationship in the IP sphere addressed by the bill is already and sufficiently regulated.

In accordance with applicable legal requirements, the bill has been introduced to the Parliament for its October session. The State Duma Legal Department has been requested to provide its legal opinion on the bill.

It remains to be seen if the bill will be passed and/or if it will be amended. We will provide an update once more is known.

Anonymisation of IP holders’ information

Starting from 30 September 2024, rights holders are entitled to have their details anonymised following the Oder of the Russian Government #1209, dated 2 September 2024.

An applicant who files an application to record their IP right, including by way of licence of assignment, can request that their details are not shown on the IP Register of Rospatent.

This measure is available for any legal or natural person regardless of their origin and domicile until 31 December 2025.

Neither the Russian Government nor Rospatent provided any explanation as to why this amendment was introduced.

Some legal practitioners speculate that it was done for data protection purposes, while others believe that the reason are Western sanctions – but how exactly it helps to resolve this is not clear.

Whatever the consideration behind the novelty, foreign rights holders who do not want to publicise their filing activity in Russia can consider taking advantage of this currently available option. 

Yulia Yarnykh is a partner of Semenov & Pevzner in Moscow and a member of the MARQUES Brands and Marketing Team