Commercial secrecy rights in Russia

Russia

On 3 August Vladimir Putin approved a new law "On Commercial Secrets". Those with Russian business interests had hoped that this would consolidate and increase their intellectual property rights and by so doing help Russia to obtain the coveted WTO membership. The former, at least, remains unlikely.

Businesses in Russia along with potential investors in the country have long called for tougher IP laws to protect their branding and patents. With the Russian government keen to make Russia a member of the WTO by 2005 it was hoped that the new law “On Commercial Secrets” might send a message to the world that Russia is getting tough with IP offenders. The new law, which passed through the State Duma and the Federation Council in July, merely sets out what information will and will not be deemed to be secret. It also deals with the rights and duties imposed on people or bodies who have access to secret information and specifies how they are to transfer and protect this secret data. Rather than protecting businesses, much of the new law aims to ensure that government agencies and local authorities can obtain free access to secret information. In fact, any company or individual refusing to co-operate may now face court action forcing disclosure.