On August 7, 2025, a draft law “On Amending the Federal Law ‘On Protection of Competition’” (hereinafter, the “Draft Law”) was published. Prepared by the Federal Antimonopoly Service (hereinafter, the “FAS”), it aims to significantly narrow the scope of antitrust immunities concerning the results of intellectual activity.
Changes
Antitrust immunities in the field of intellectual property are exceptions established by the Federal Law “On Protection of Competition” No. 135-FZ, dated July 26, 2006. These immunities allow rightholders of results of intellectual activity (e.g., patents) and means of individualization (e.g., trademarks) to be exempt from restrictive measures for exercising their exclusive rights. The Draft Law proposes that these immunities will not apply to market participants if their actions are aimed at restricting competition in the commodity market.
The explanatory note to the Draft Law states that the existing antitrust immunities allow rightholders, who hold a dominant position on the relevant commodity market, to set monopolistically high prices for their goods, impose unfavorable terms on counterparties, refuse to enter into contracts, and otherwise abuse their dominant position. According to the FAS, the adoption of the Draft Law should improve the quality of antitrust regulation.
Thus, important clarifications are being introduced:
-
An economic entity may be found to be abusing its position if its actions lead to the prevention, restriction, or elimination of competition on the commodity market when introducing a product into circulation (including actions related to the disposal of results of intellectual activity or means of individualization);
-
The position of an economic entity based solely on its ownership of exclusive rights to results of intellectual activity and means of individualization shall not be considered a dominant position.
Conclusions
The Draft Law has already passed the stage of public discussions, and since September 24, 2025, a regulatory impact assessment has been conducted in relation to it.
If the Draft Law is adopted, the institution of immunities will formally remain in place, but its scope will be significantly limited. However, the business community has concerns that limiting these immunities will substantially reduce the attractiveness of new innovative developments.
The Draft Law also proposes to empower the Government of the Russian Federation to establish the cases in which agreements related to the use of results of intellectual activity are permissible. Consequently, a corresponding Resolution of the Government of the Russian Federation can be expected if the Draft Law is adopted.