385
constituting trade secrets, if used in relation to goods and technology referred to in those
Articles.
These restrictions apply irrespective of whether the IPR or the trade secret is registered
before an intellectual property office in the EU, in a Member State or in a third country
or otherwise protected under EU law, a Member State’s law or a third country’s law. This
is because the sale, licensing or transfer in any other way, as well as the granting of rights
to access or re-use per se is prohibited.
Similarly, the above also applies in cases of IPRs or trade secrets being sold, licensed or
transferred in any other way, as well as rights being granted access or re-use them outside
the territory of the EU or being granted to a person who is not required to comply with
Council Regulation 833/2014 as per Article 13
70
, whenever that is related to the relevant
goods and technology and to the provision, manufacture, maintenance and use of those
goods and technology, directly or indirectly to any natural or legal person, entity or body
in Russia or for use in Russia.
By way of example, the restrictions at hand encompass the following situations:
- selling trade marks or patents
71
as well as sharing a trade secret with a third
country operator while knowing, suspecting or accepting the risk
72
that those
IPRs or trade secrets will be used to manufacture restricted goods destined for
Russia or to be affixed on restricted technology or goods that will be exported to
Russia;
- granting access to data covered by copyright to obtain regulatory registrations or
any other licenses, including in third countries, to manufacture restricted
technology or goods which will be used in Russia
73
.
The terms ‘intellectual property rights’ in Articles 2(2)(c), 2a(2)(c), 2aa(2)(c), 3(2)(c),
3b(2)(c), 3c(4)(c), 3f(2)(c), 3h(2)(c), 3k(2)(c), Council Regulation 833/2014 must be
understood in a broad sense, in particular encompassing trademarks, designs, patents,
copyrights, or utility models.
The terms ‘trade secrets’ in Articles 2(2)(c), 2a(2)(c), 2aa(2)(c), 3(2)(c), 3b(2)(c),
3c(4)(c), 3f(2)(c), 3h(2)(c), 3k(2)(c) of Council Regulation 833/2014 must be understood
as per the definition of Article 2(1) of Directive (EU) 2016/943. In essence, trade secrets
are valuable pieces of information for an enterprise that is treated as confidential and that
gives that enterprise a competitive advantage because it is secret. That includes a wide
range of know-how and business information, such as early-stage inventions,
6
By way of example, that is the case of a company incorporated under the law of a third country, which
trades the goods/technology entirely outside the EU territory.
71
Depending on the circumstances, licensing of patents can also qualify as provision of technical
assistance.
72
See also FAQ 20 in this section.
73
This can be the case of grating rights to refer to IPRs over scientific studies that allow the beneficiary
to obtain regulatory permissions to manufacture chemicals included in Annex VII, Council Regulation
833/2014, which will be exported to Russia. By way of example, this can occur in third countries
which have legislation mirroring Regulation (EC) No 1907/2006 of the European Parliament and of
the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and
Restriction of Chemicals (REACH).