Information for persons having patents in the Russian Federation

On the grounds of a decree signed on 6 March 2022 by the Prime Minister Mikhail Mishustin, compensation for patent infringements in Russia will no longer be paid if patents involved belong to persons from “foreign countries that commit unfriendly acts towards Russian legal and natural persons”. For the sake of precision, the decree modifies the method for calculation of the compensation in case of the grant of a compulsory license on the basis of Article 1360.1 of the Civil Code of the Russian Federation, which shall amount to 0% of the actual proceeds from the production and sale of goods, performance of work and provision of services.

The list of unfriendly states features 27 members of the EU including Poland. Among the states that are no longer entitled for compensation are also, i.a., the USA, Canada, the UK, as well as San Marino, Iceland, and Micronesia.

Although undoubtedly some commentators will call this step as a flagrant legalization of state piracy it cannot be ruled out that it is simply “a special operation” aimed to support local innovations and national entrepreneurship.