How Russia uses intellectual property — RealnoeVremya.com
Legalization of intellectual piracy in our country in response to sanctions is not considered in “unfriendly states”
The precedent in the Russian legal field – the refusal of the court to recover compensation for copyright infringement of a foreign company – caused a great resonance in the West. It was perceived as our country’s response to the anti-Russian border, and now they are preparing for the possible significance of waiver rights and foreign copyright holders. How Russia uses intellectual property as an “economic weapon” in the fight against “unfriendly states” – in an article for an international publication Talk Writers from London and Nottingham University professors Enrico Bonadio and Alina Trapova. Realnoe Vremya offers to read the translation of the publication.
“It actually legalizes intellectual piracy in the country”
In the face of special operations in Ukraine, Russia has taken the unexpected step of using intellectual property rights as a tactic to fight the West. In early March, the Russian government issued decrees according to which the Russian company no longer requires the expansion of ownership of patents and industrial designs from “unfriendly states”. These are Western countries that have imposed sanctions against Russia, including the United Kingdom and the United States.
This means that a Russian company can use intellectual property, such as a patented invention or use of clothing, without the need or request for confirmation from the offenders. Now the company does not own its patents and developments from Russian consumers.
This actually legalizes intellectual piracy in the country, which is already covered by the fact that it is difficult to properly build intangible assets here. Last year, Russia was added to a “priority watch list” of countries that do not adequately protect American intellectual property.
Vladimir Putin’s actions are a reaction to the meeting of the Congress of the West and the suspension of Russia’s trade privileges. It is also a response to the decision of many multinational companies to deepen business with state-owned enterprises.
Sanctions and boycotts emissions per Russian share, the key rate of the Central Bank doubled. The stock market is completely closed for several weeks, the ruble fell sharply.
An unprecedented attack on intellectual property
The suspension of the right to intellectual property as an economic weapon in question is unprecedented, for some reason, in recent cases. Historical examples date back to World War I, when the US introduced the “Trade with the Enemy Act”. This act confiscated copyrights and patents, annexing territories, including patents for aspirin, a well-known German invention.
After the war, the brand name aspirin, owned by the German pharmaceutical company Bayer, was transferred to the US, France, Britain and Russia as part of the German war reparations agreed to in the Treaty of Versailles.
Russian officials have hinted that other intellectual property rights, Western country ownership, including warranties and trademarks, may be restricted. This may become the property of owners such as McDonald’s. One Russian chain soon applied for a local registration of a logo very likely for the famous metal arches.
The sanctions also came as a Russian judge dismissed a copyright and trademark infringement lawsuit filed by the British company producing the Peppa Pig animated series. Andrey Slavinsky stated in court that on the decision of its consequences “unfriendly actions are connected with the fact that America and affiliated with them by foreign states”.
Ukraine, for its part, did not act in this battle for intellectual property. Officials from the Ukrainian Defense Ministry have hacked into and released confidential documents allegedly stolen from a nuclear power plant.
Does this violate international law?
The suspension in Russia of patents and other intellectual property rights owned by Western companies could violate the treaties that protect these assets on a global level. All World Trade Organization (WTO) countries must abide by these laws that foreign companies hold intellectual property rights from imitators.
Countries, contradicting the new situation, make claims against Russia in the framework of the WTO trial and require the introduction of additional measures. This will again hit Russian business, in particular, the fact that it relies on brands and patented technologies, as well as it is not pleasant for representatives of the creative industry.
The only way Russia would want to justify this measure is by acquiring a WTO-granted security option exception. This right allows you to take any action that is mandatory to protect your basic security interests in the conditions of existing special operations in Ukraine. But it has never been involved in much armed conflict and therefore has never been tested by WTO courts.
Paradoxically, if Russia assumes out of the WTO, as has been suggested, this would insulate it from complex intellectual property issues. No country can bring Russia into a judicial organization of which it is no longer a member.
These are predictions of what the youth can do if the special operation in Ukraine is delayed. Of course, its early consumption will desensitize between the West and Russia and allow an end to the loss of the battle for intellectual property.
Enrico Bonadio, Alina Trapova, translated by Anna Nikolaeva
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