26 | 06 | 2024

Notice on new European Union sanctions against the Russian Federation in the field of intellectual property

We hereby inform all the interested parties that the COUNCIL REGULATION (EU) 2024/1745 of 24 June 2024 amending Regulation (EU) No. 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, which, among other things, strengthen sanctions against the Russian Federation in the field of intellectual property, came into force on 25 June 2024 at 00.00.

In this connection, please pay close attention to a new Article 5s of the Regulation reading as follows (highlighted by the State Intellectual Property Office):

Article 5s

1. Intellectual property offices and other competent institutions constituted under the law of a Member State or the European Union (hereinafter: the Union) shall not accept:

(a) new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia;

(b) any requests or submission filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).

2. Member States, in their capacity as Contracting States to the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000 (hereinafter: the “EPC”) and in fulfilling their international obligations undertaken in the EPC, shall use best efforts to ensure that the European Patent Office refuses requests for unitary effect within the meaning of Regulation (EU) No 1257/2012 of the European Parliament and of the Council¹  that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

3. Member States in their capacity as Contracting States to the EPC and in fulfilling their international obligations undertaken in the EPC shall use best efforts to ensure that the European Patent Office does not accept new applications for registration of European patent applications that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

4. Member States and, where applicable, the Union, when acting under the Convention Establishing the World Intellectual Property Organization of 14 July 1967 and as amended on 28 September 1979 (hereinafter: the WIPO) shall use best efforts to ensure that the WIPO or intellectual property offices constituted under the law of a Member State or the Union, or the European Patent Office, do not accept new applications for such rights by any Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

5. Paragraphs 1 to 4 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

Applications, requests and submissions referred to in the relevant Regulation or the provisions as referred to in Article 5s of the Regulation, and that might have been filed after their coming into force on 25 June 2024 at 00.00, shall not be considered as filed.
The State Intellectual Property Office shall publish further detailed instruction on the application of the related measures as necessary.
Further detailed information on this link

 

¹Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection