Supreme Court Review on Special Economic Measures

The Supreme Court of the Russian Federation has published thematic Review No. 8/2026, concerning the approaches of arbitrazh (commercial) courts aimed at protecting national interests when hearing cases involving foreign persons and organizations.

In addition to legal positions on real estate, bankruptcy, currency payments, bank transfers, sanctions, customs and jurisdiction, there is a section concerning intellectual property.

In particular, positions No. 5, 7, 9, 10, 11 relate to the nuances of applying the temporary procedure under Decree No. 322 (concerning a special "O"‑type account):

• in cases involving the assignment of claims for debt recovery under a license agreement or compensation for infringement of rights;
• in cases involving the conclusion of a settlement agreement on payment of compensation;
• in respect of all obligations related to the use of intellectual activity, regardless of the basis for their occurrence.

• At the same time, position No. 11 provides that if a foreign right holder properly performs its obligations under contracts in the Russian Federation, the special procedure (Decree No. 322) does not apply to it.

The Review also sets out position No. 12, concerning the extension of a compulsory license for inventions belonging to a foreign company. It is noted that compulsory licensing is an exceptional and forced measure to prevent non‑use or insufficient use of a patent‑protected object, which may be caused, inter alia, by abuses of intellectual rights and clearly unfair conduct, for example, the patent holder's lack of intention to ensure an adequate supply of certain products to the Russian market.