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14th Sanction package of EU against Russia restricts possibilities to obtain IP-protection in Europe

July 08, 2024

On 25 June 2024 the EU brought into force the 14th package of sanctions against Russia in view of its actions destabilizing the situation in Ukraine.
This new sanction package based on EU Council decision (CFSP) 2024/1744 and Council Regulation 2024/1745 contains new restrictions for many IP-rights, such as patents and trademarks, being (co-)filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia.

IP-offices in the EU are supposed to not any more accept or prosecute applications for, nor grant such IP-rights. Additionally, the EU member states are addressed to use their international influence on the European Patent Organisation and on WIPO to follow a similar approach.

In a preliminary reaction, the EPO has indicated that they will need to examine the situation, but that the EPO will for the time being provisionally apply the sanctions only in relation to steps concerning the Unitary effect of a European Patent. The EU-Commission is expected to issue within the next weeks clarifying information on the implementation of those sanctions, e.g. how to interpret the exemptions of nationals and residents in EU/EEA-countries and Switzerland from the sanctions as provided for in Art. 5 (5) of EU-Council Regulation 2024/1745.

epi will continue to monitor the situation on this topic and share any development with its members.

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