It’s no secret that the war between Ukraine and Russia has had fall out in a number of ways that no one could have anticipated. Though Russia has not made any physical moves yet to attack any western countries showing support to Ukraine, they have instituted a very controversial new law that has gone under the radar. Decree number 299 as a part of Russia Civil Code was amended to authorize the use of patented materials from countries Russia deems “unfriendly”. This of course includes the Ukraine, but also countries that have been friendly to the Ukraine, or provided aid. As a result this could nullify any patent rights belonging to western countries in Russia. Illegality of this is surprisingly not questionable.

While it is absolutely vindictive, and most likely morally questionable; Russia is actually not doing anything illegal by keeping western companies from profits on their patents in Russia. Why? International law allows for countries to make exceptions to how intellectual property functions within their borders. As a caveat of this particular ideology, countries that find themselves at war, or in conflict with other countries are able to use this strategy almost like A tariff to harm the economic systems of the countries there in conflict with in a non-physical manner.

What will this mean for Western companies that hold patents, specially those pertaining to medical devices, procedures, and remedies? Companies currently holding patents for him cases, procedures, or medicines will need to pay special attention to how their inventions are being utilized. It may be beneficial for companies considering filing patents to instead file three secrets that will allow them to protect the integrity of their design. Due to the secrecy involved in trade secret ownership, access to the actual components, and or differentiating factors of the patentable work will limit the vulnerability of your invention when it comes to international misuse.

If you are a current patent owner and if you’re in the United States there is a possibility, especially if you are in the medical industry that your invention could be utilized by the Russian government, and any profit made from their invention could be withheld from you.

If you are a current patent owner and you have concerns about your medical patents being utilized improperly overseas, reach out to us by contacting admin at admin@teilfirms.com to find out how we can help you keep your business and your inventions safe.