Crime and Punishment: Holding Russia Accountable for Weakening Foreign Entities’ Intellectual Property Rights

2023PatentTrademark

Eliot Usherenko

The Russian government has deliberately weakened intellectual property right protections for entities from “unfriendly countries.” Following Moscow’s invasion of Ukraine and the subsequent imposition of economic sanctions by the United States and its allies, the Kremlin launched policies targeting Western businesses as they withdrew from the Russian market. This Article analyzes three potential recourses—bilateral, multilateral, and non-governmental—impacted corporations and individuals could execute to hold Russia accountable for its discriminatory treatment. This Article argues that corporations should form partnerships with their respective governments to promote intergovernmental dialogue through mechanisms such as treaties, as well as undertake litigation in Russia’s domestic courts to enforce their rights.

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