Recital 31

(31) Russia has adopted legislation, in particular the Decree of the President of the Russian Federation No 122 of 15 February 2024, and the Decree of the Government of the Russian Federation No 1767 of 18 October 2021 as amended by Government Resolution No 380 of 27 March 2024, which allows the Russian Government to decide, at the request of a Russian legal entity of which the Russian State, a Russian legal entity, or a Russian citizen owns directly or indirectly more than 75 % of the share capital, on the use of an invention, a utility model or an industrial design without the consent of the right holder, for which only a symbolic compensation is required to be paid into a special rouble bank account. The legislation targets, in particular, rightholders owned or controlled by natural persons in, and by legal persons incorporated under the laws of, countries that impose restrictive measures on Russia for its war of aggression against Ukraine, including persons and companies in Member States. The legislation effectively deprives Union right holders of legitimate protection for their intellectual property rights and trade secrets in Russia, thereby giving an economic advantage to Russian-owned companies, and ultimately bolsters Russian industry. Moreover, the legislation directly contributes to increasing the resilience of Russia’s economy and its war effort, particularly when the inventions, utility models or industrial designs in question are used in the area of defence or for dual-use goods. It is therefore appropriate to impose a transaction ban on entities incorporated under Russian law that use without their consent the intellectual property rights of subsidiaries incorporated in Russia of Union companies. In order to facilitate identifying entities using the intellectual property rights and trade secrets of Union right holders without their consent in that way, it is necessary for the affected Union right holders to inform the respective Member State of such use.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.