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“Use the temple” intellectual property of the West

According to Asia Times, in early March, the Russian government issued a decree declaring that Russian companies are no longer obliged to compensate owners of patents, utility models and industrial designs from “unfriendly” countries and territories.

These are the Western countries that have enacted sanctions against Russia, including the UK and the US.

Affected companies are unable to enforce their patent and design rights to sue “imitaters” in Russia.

  Russia's new retaliatory tactic: Using the intellectual property of the West - Photo 1.

The famous Western brand McDonald’s is now at risk of intellectual piracy in Russia. Photo: Shutterstock

Last year, the US government added Russia to its “priority watch list” of countries that do not adequately protect US intellectual property.

President Vladimir Putin’s move is clearly a response to Western economic sanctions and Russia’s suspension of trade privileges.

This is also the answer to many multinational companies’ decision to stop trading with Russian companies.

Asia Times reports that sanctions and boycotts have negatively affected the Russian economy. The country is now on the verge of bankruptcy with interest rates doubling, the stock market remaining closed for weeks and the ruble having fallen dramatically.

Unprecedented attack on intellectual property

According to Asia Times, Russia’s suspension of intellectual property rights as an economic weapon in the midst of conflict is unprecedented, at least in recent decades.

The history of this “weapon” dates back to the First World War, when the US introduced the “Trade with the Enemy Act”.

This act once helped the US seize copyrights and patents owned by rival countries, including a patent for the pain reliever aspirin – a famous German invention.

After the war, the Aspirin trademark owned by the German pharmaceutical company Bayer was transferred to the US, France, Great Britain and Russia, as part of German war reparations agreed in the Treaty of Versailles .

  Russia's new retaliatory tactic: Using the intellectual property of the West - Photo 2.

A Russian restaurant chain recently registered locally and uses a logo very similar to McDonald’s famous yellow logo. Photo: The Fashion Law

Going back to the present time, the Russian official hinted that other intellectual property rights owned by Western countries may soon be restricted, including software and trademarks.

This could allow local entrepreneurs to take control and exploit without permission and completely free of charge brands like McDonald’s.

The sanctions also prompted a Russian judge to dismiss a copyright and trademark infringement lawsuit by British cartoon production company Peppa Pig.

Judge Andrei Slavinsky told the court, “unfriendly actions of the US and related countries” influenced his decision.

Meanwhile, Ukraine is also constantly acting in this intellectual property war. The country’s Defense Ministry recently hacked and leaked classified documents it said were obtained from a Russian nuclear power plant.

Is there a violation of international law?

Asia Times said that Russia’s cessation of protection of patents and other intellectual property rights owned by Western companies could violate international treaties.

All member states of the World Trade Organization (WTO) should respect these treaties and ensure that foreign businesses can enforce their intellectual property rights against “imitaters”. “.

  Russia's new retaliatory tactic: Using the intellectual property of the West - Photo 3.

A Shell fuel station in Moscow 2020. Photo: CNN

Countries affected by this Russian measure can take Russia to the WTO court and ask for the imposition of additional sanctions. This will again affect Russian businesses, especially those that rely on brands and patented technologies, as well as the creative industry sector.

The only way that Russia could justify this measure was by relying on a security exception made by the WTO itself.

This exception allows states to take any action they deem necessary to protect essential security interests in times of war. But it has never been invoked by any country in the context of armed conflict, and therefore has never been fact-tested before WTO jurisdictions.

But if Russia were to be expelled from the WTO, as some countries have demanded, it would paradoxically insulate the country from global intellectual property challenges. No country can bring Russia before the court of an organization of which it is no longer a member.

https://soha.vn/chien-thuat-tra-dua-moi-cua-nga-dung-chua-tai-san-tri-tue-cua-phuong-tay-2022032209231455.htm


According to Nam Anh

Business and Marketing

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