The Ministry of Economic Development and Rospatent are exploring the possibility of temporarily using foreign patents

The Ministry of Economic Development and Rospatent are working on creating a mechanism for the temporary administration of intellectual property rights belonging to foreign companies that have left Russia. The proposal involves introducing external temporary management to ensure the protection and administration of such rights. This mechanism could become an unprecedented practice in global intellectual property management.

According to Deputy Prime Minister Alexander Novak, speaking at Rospatent’s annual board meeting on March 4, one of the key issues for the agency remains finding a solution to the problem of manufacturers from “unfriendly” countries that have ceased doing business in Russia but continue to maintain their exclusive intellectual property rights. As noted by the head of Rospatent, Yury Zubov, the mechanism is expected to be presented by mid-2026.

Patent attorney and managing partner of Zuykov and Partners, Sergey Zuykov, points out that no country in the world currently has such a mechanism under development.

Under the 14th sanctions package, the EU introduced a ban on carrying out any actions involving the intellectual property of Russian companies, individuals, or companies owned by Russian citizens or entities. They are denied registration of trademarks or patents, and EU courts refuse to protect their intellectual property rights, Sergey Zuykov notes: “The mechanism proposed by Russia is the opposite of this. Instead of refusing protection, we would manage these rights and grant them for use to certain parties.”

Sergey Zuykov believes the initiative emerged because many companies from “unfriendly” countries re-registered their trademarks in Russia, filing numerous so-called blocking applications last year (which prevent similar trademarks from being registered by others even after older marks are canceled due to non-use). A similar situation exists with patents, particularly in the pharmaceutical sector.

The discussed initiative is a direct continuation of Presidential Decree No. 430 of May 20, 2024 (which establishes a procedure for acquiring exclusive rights from rights holders from “unfriendly” countries), says Anna Kuminova, Senior Associate at Lidings. “It should be understood that the existence of such a mechanism could serve as a significant deterrent to foreign companies deciding to return to the Russian market. There is already a compulsory licensing mechanism in place, which is essentially aimed at the same objectives,” she says, suggesting that the new initiative would be a simplified version of government compulsory licensing, under which a designated state organization would issue short-term licenses without the consent of the rights holder.

Source: Kommersant