Implementation of EU sanctions against Russia in IP

The 14th EU sanctions package against Russia has an impact on proceedings before the German Patent and Trademark Office (DPMA) and the European Patent Office (EPO). This affects proceedings in which applicants or co-applicants are Russian nationals, natural persons resident in Russia or legal persons, organisations or institutions established in Russia.

In these cases, according to a Notice of August 9, 2024, the DPMA will not accept any new applications for registration or grant of patents, utility models, trademarks, designs, protected designations of origin and protected geographical indications, nor will it accept any applications and submissions in ongoing application and registration procedures, even if these are filed jointly by the above-mentioned sanctioned persons with non-Russian natural or legal persons, organisations or institutions residing or established outside Russia.

Furthermore, in connection with applications/registrations and submissions, any natural person residing in Russia must state whether they are a national of a Member State of the European Union, a country belonging to the European Economic Area or Switzerland, or whether they have a temporary or permanent residence permit in a Member State of the European Union, a country belonging to the European Economic Area or Switzerland.

Any natural person residing outside Russia must indicate in connection with applications/registrations and submissions whether he/she is a Russian national and whether he/she is also a national of a Member State of the European Union, a country belonging to the European Economic Area or Switzerland or has a temporary or permanent residence permit in a Member State of the European Union, a country belonging to the European Economic Area or Switzerland.

This information must be declared in writing on a form issued by the German Patent and Trademark Office or, after adaptation of the electronic application systems, electronically, and must be substantiated upon request.

According to a Notice dated 15 November 2024, the EPO rejects requests for unitary effect after the grant of European patents in the above-mentioned cases.

We at Seemann & Partner are available to answer your questions and will be happy to help you understand and fulfil the requirements.

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