Advertising Law Blog

The article discusses the possibility of IP protections becoming at risk as instability increases over the Russian/Ukrainian War, and Russia has signaled that it may not protect the IP of companies from countries that are deemed “unfriendly” to Russia. When discussing the history of IP rights within Russia, Mary stated that Russia, “hadn’t been a problematic country for IP rights in the past 10 to 15 years before the war.” Mary, who manages international trademark portfolios with many clients seeking and obtaining protection in Russia, went on to say that she’d still generally advise clients to, “at least go through the motions,” when attempting to obtain and maintain trademark and IP registrations in Russia, while also informing them that there’s a chance their rights may not be enforced. Regarding trademark rights, Mary stated that “Russia is a first-to-file country rather than first-to-use, so without registrations there’s nothing to protect… We don’t know what it’s going to look like two years from now, 10 years from now.” Mary also noted that trademark laws are “fundamentally consumer protection laws, so Russia’s actions targeting foreign companies can ultimately hurt Russian consumers. Along with car parts, food and personal care products could carry safety implications if consumers are misled as to their origin and contents.”