Permit authorising making assets available to persons or entities designated under the Autonomous Sanctions Regulations 2011 (Cth) in connection with the protection of intellectual property under the laws of the Russian Federation or the Eurasian Patent Convention.

Permit

SAN-2024-00140

Date of Issue

2 August 2024

Period of Validity

From the Date of Issue until the earlier of:
 

a) 2 years from the Date of Issue; or
b) the Permit is revoked.

Previous Permit

This permit replaces SAN-2022-00061

Authority

Regulations 18(1)(e) and (f), 18(2)(a) and 18(4) of the Autonomous Sanctions Regulations 2011 (Cth).

Definitions

• AS Act: The Autonomous Sanctions Act 2011 (Cth)
• Regulations: The Autonomous Sanctions Regulations 2011 (Cth)
• Designated person or entity: A person or entity designated under item 6A or item 9 of the Regulations.

Australian Sanctions Office contact point

Email to sanctions@dfat.gov.au  

Permit Holders

Class A

The following classes are Permit Holders:
Australian persons, including bodies corporate and bodies politic, who have obtained a priority date for intellectual property protection under Australian law.

Class B

Australian persons, including bodies corporate and bodies politics, who have obtained a priority date for intellectual property under the laws of the Russian Federation or the Eurasian Patent Convention.

Class C

Australian persons, including bodies corporate, who are: 

(a) legal service providers
(b) patent attorneys
(c) trade mark attorneys 
(d) trade mark agents
(e) accountants
(f) persons, including bodies corporate, who provide patent annuity, patent maintenance or trademark renewal services, and

who are acting for, or on behalf of, a Class A or Class B Permit Holder, or are engaged by a Class A or Class B Permit Holder to provide services related to intellectual property rights. 

Class D

Employees of Class A, Class Band Class C Permit Holders.

Authorised Actions

The following Authorised Actions do not extend to actions which are for the purpose of circumventing Australian laws, including the AS Act and Regulations:

1. Class A and Class B Permit Holders are authorised to make assets available directly or indirectly to, or for the benefit of, a person or entity designated under item 6A or item 9 of regulation 6 of the Regulations, including making or receiving payments in connection with or derived from the protection of that intellectual property of the Permit Holder, to the extent doing so is required to:
   1. file and/or prosecute an application for protection of intellectual property under the laws of the Russian Federation or the Eurasian Patent Convention for protection of the intellectual property in relation to which the permit holder has obtained a priority date for protection of the intellectual property under the laws of Australia or the laws of the Russian Federation or the Eurasian Patent Convention;
   2. receive protection of that intellectual property of the Permit Holder, including by registration or other formal recognition, under the laws of the Russian Federation or the Eurasian Patent Convention;
   3. renew or maintain protection of that intellectual property of the Permit Holder, under the laws of the Russian Federation or the Eurasian Patent Convention; or
   4. file and prosecute any opposition or infringement proceedings with respect to a patent, trade mark, copyright or any other form of intellectual property protection, or defend such a proceeding under the laws of the Russian Federation and the Eurasian Patent Convention.
2. Class C Permit Holders and Class D Permit Holders are authorised to make assets available directly or indirectly to, or for the benefit of, a person or entity designated under item 6A or item 9 of regulation 6 of the Regulations, to the extent doing so is required to facilitate Authorised Action (1).

Authorised

Senator the Hon Penny Wong
Minister for Foreign Affairs

General Information about this Permit

This Permit is an authorisation granted under a sanction law. It is an offence, punishable by up to 10 years’ imprisonment or $782,500, to give information or a document to a Commonwealth entity in connection with the administration of a sanction law that is false or misleading or omits any matter or thing without which the information or document is misleading (section 17 of the AS Act).

Any authorisation granted under the Regulations is taken never to have been granted if information contained in, or information or a document accompanying, the application for the relevant authorisation is false or misleading in a material particular or omits any matter or thing without which the information or document is misleading in a material particular (section 15 of the AS Act).

It is an offence to contravene a sanction law, punishable for individuals by up to 10 years imprisonment, or a fine the greater of $782,500 or three times the value of the contravening transaction and for bodies corporate by a fine the greater of $3.13 million or three times the value of the contravening transaction (section 16 of the AS Act). For bodies corporate, this is a strict liability offence.