Recently, the Russian as well as international media has published articles about plans to restrict the use of Intellectual Property (IP) rights in Russia. The issue relates to a new decree that has caused misunderstandings and confusion among the right holders as well as in the general public. In order to clarify the situation, we have written a summary below on the recent decisions and facts.
Most of the news interpret incorrectly Decree No 299 that was published on 6 March 2022. This decree introduced amendments to point 2 of Government Decision N 1767 of October 18, 2021, where it was defined how the amount of compensation paid to the IP right holder is calculated in the event that an invention, utility model or industrial design is used without the holder’s consent.
The methodology outlined in the decision is used when applying Article 1360 of the Russian Civil Code “Using an Invention, Utility Model or Industrial Design in the Interests of National Security”. Indeed, according to the Civil Code, the Government of the Russian Federation is, in certain rare cases, entitled to make a decision on the use of an invention, utility model or industrial design without the consent of the IP right holder. Read more