The Council of the European Union adopted a new package of sanctions against Russia through Decision 2024/1744/CFSP of June 24, 2024, which entered into force on June 25, 2024. This decision amends the earlier Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine.
Restrictions Imposed on Intellectual Property Rights
This decision of the European Union introduces new restrictions concerning various intellectual property rights.
Instructions to National Intellectual Property Offices
National Intellectual Property Offices must now refuse new applications for the registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and protected geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities, or bodies established in Russia.
This applies even if such applications are filed jointly by a Russian national or resident, or a Russian legal entity, together with one or more non-Russian natural or legal persons residing or established outside Russia.
Recommendations Regarding the EPO and WIPO
Member States, in their capacity as contracting states to the EPC (European Patent Convention) or when acting under the Convention establishing WIPO (World Intellectual Property Organization), are also asked to use their international influence with the EPO and WIPO to ensure that these organizations apply similar sanctions.
This means refusing to accept new applications for the registration of IP rights (in the case of the EPO, requests for unitary effect of granted European patents should also be refused) if they are filed or co-filed by Russian nationals or residents.
Exceptions and Expected Clarifications
These prohibitions do not apply to nationals of a Member State, of a country belonging to the European Economic Area, or of Switzerland, nor to natural persons holding a temporary or permanent residence permit in a Member State, an EEA country, or Switzerland.
The European Commission is expected to clarify certain points in the coming weeks, particularly regarding the interpretation of the exemptions for nationals of EU Member States, the EEA, and Switzerland.
As an initial reaction, the EPO indicated that it needed to analyze the situation but, in the meantime, would provisionally apply these sanctions only in relation to requests for unitary effect.
July 2024
Contributing author
Valérie Vulliez
Partner | European Patent Attorney