Maxim Ali has told Pravo.ru about legal issues exacerbated by the current situation

Maxim Ali, Partner and Head of IP/IT Practice ar Maxima Legal, shared with Pravo.ru an opinion on the prospects of intellectual property in Russia as a result of changes in the relevant legislation in response to a more complicated political situation.

In particular, on March 4, the Federation Council approved and sent to the President for his signature Act No 80712-8 empowering the Government to determine the list of goods in relation to which the rules of the Civil Code on the protection of exclusive rights will not be applied in 2022. Also, according to media reports, the authorities are considering the possibility of compulsory licensing for software, databases and topologies for integrated circuits.

“As a result, intellectual property could, in principle, cease to work in certain industries because, without protection, its value is diminished. Unlike compulsory licences, there is no compensation for this,” Maxim Ali stressed. According to the expert, the Government may take advantage of such an opportunity if the foreign right holder prohibits the importation of goods marked with his trademark.

Maxim also explained that the right holder may be denied legal protection as the Constitutional Court may consider adherence to the sanctions against Russia as bad faith behaviour.

In addition, the expert reminded that the Government has the right to issue compulsory licences for patentable subject matter. In such cases, the right holder receives remuneration in the amount of 0.5% of the revenue related to the use of the object. However, as Maxim Ali stressed, the remuneration does not take into account the specifics of different sectors of the economy.

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