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What happened?

On July 08, 2022, the State Duma accepted in the third reading a draft law that would affect the fourth part of the Russian Civil Code. 

Registration of trademarks by individuals. 

At the moment, only legal entities and individual entrepreneurs can be the owners of trademarks. The draft law will eliminate this restriction. In particular, article 1478 of the Civil Code, which lists who can own trademarks, will lose its force completely.

What are the implications?

It will allow citizens, including the self-employed, to register trademarks on their own name. 

Obviously, the self-employed also need a tool for individualization when carrying out their activities. This also refers to those who cannot be registered as individual entrepreneurs by law, for example attorneys, notaries.

How does this work in other countries?

In countries such as Austria, Germany, China, the United States, in the European Union individuals can register trademarks on their own name. The draft law will make Russian citizens equal in their rights with foreign citizens, who can become trademark owners in Russia, using the procedures of the Madrid agreement.

State registration of pledge of exclusive right to computer programs or databases.

The draft law also amends Article 1262 of the Civil Code and stipulates that pledge of exclusive rights to computer programs or databases shall be subject to state registration. This measure will provide additional guarantees for those who take out loans on the security of intellectual property. 

When will the project come into force?

In case the draft law is adopted by the Federation Council and signed by the Russian President, it will come into force one year after its official publication.