Article 1, Point (5) · Council Decision (CFSP) 2024/1744

Contents

(5)the following articles are added:‘Article 1o1.Intellectual property offices and other competent institutions constituted under the law of a Member State or the Union shall not accept:

(a)new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

(a)the Government of Russia;

(a)European political parties and European political foundations, as defined in Regulation (EU) No 1141/2014 of the European Parliament and of the Council^note;

(b)any requests or submission filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).

(b)a legal person, entity or body established in Russia that is publicly controlled or with over 50 % public ownership;

(b)political parties and political alliances, as defined in Regulation (EU) No 1141/2014, without prejudice to the fundamental principles of constitutional nature, as applied in the Member States, governing the functioning of such political parties and alliances;

(c)a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) or (b); or

(c)non-governmental organisations established or registered in accordance with the law of a Member State; and

(d)a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c).

(d)media service providers, as defined in Regulation (EU) 2024/1083 of the European Parliament and of the Council^note, established in a Member State, without prejudice to fundamental principles of constitutional nature, as applied in the Member States, related to freedom of the press and freedom of expression.

2.Member States, in their capacity as Contracting States to the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000 (the “EPC”) and in fulfilling their international obligations undertaken in the EPC, shall use best efforts to ensure that the European Patent Office refuses requests for unitary effect within the meaning of Regulation (EU) No 1257/2012 of the European Parliament and of the Council^note that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.3.Member States in their capacity as Contracting States to the EPC and in fulfilling their international obligations undertaken in the EPC shall use best efforts to ensure that the European Patent Office does not accept new applications for registration of European patent applications that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.4.Member States and, where applicable, the Union, when acting under the Convention Establishing the World Intellectual Property Organisation of 14 July 1967 and as amended on 28 September 1979 (WIPO) shall use best efforts to ensure that WIPO or intellectual property offices constituted under the law of a Member State or the Union, or the European Patent Office, do not accept new applications for such rights by any Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.5.Paragraphs 1 to 4 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.Article 1p1.It shall be prohibited to accept donations, economic benefits or support, including financing and financial assistance, directly or indirectly, from:2.Paragraph 1 shall only apply to:3.By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the acceptance of donations, economic benefits or support, including financing and financial assistance by the entities referred to in points (c) and (d) of paragraph 2, provided that such acceptance would in no way interfere with the democratic processes in the Union or undermine its democratic foundations, including through influence campaigns and the promotion of disinformation, aimed at undermining the territorial integrity, sovereignty and independence of Ukraine and through propaganda actions in support of Russia’s military aggression against Ukraine.4.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.