Russia’s binding obligation to international treaties mean multilateral actions are more desirable to protection IPR.

Pursuing arbitration through multilateral means is another route available to Western companies.105 When Russia became a World Trade Organization (WTO) member-state, the EU Trade Commissioner, Karel de Gucht, voiced the hopes of other member-states in voicing the expectation that Russia would adhere to international trade rules and standards.106 It is easy to view such statements as wishful thinking in light of Moscow’s aforementioned treatment of businesses in the context of its war in Ukraine.107 At the time, though, most governments saw Russia’s accession to the body as a positive development.108 After all, Russia had become legally obligated to follow the provisions of the General Agreement on Tariffs and Trade (GATT), the WTO’s foundational text.109 By binding itself to the treaty regime, Russia assured fellow member-states that it would grant other signatories’ imports treatment “no less favorable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale.”110 As part of its mission to ensure that trade between nations flows in a predictable and free manner, the GATT upheld the principle of most-favored nation treatment; under Article I of the GATT, countries cannot discriminate between their trading partners under most circumstances.111 Similarly, Article IV of the TRIPS Agreement provides that advantage or immunity given to nationals in one country with respect to protecting their IP shall be given unconditionally to nationals of all other Members.”112

In addition to the GATT and the TRIPS agreements, other applicable multilateral agreements govern IP protections.113 These agreements include the 1967 Convention Establishing the World Intellectual Property Organization, the 1883 Paris Convention for the Protection of Industrial Property, and the 1952 Universal Copyright Convention.114 Each of these international treaties include provisions for dispute arbitration, and mechanisms facilitating member-states resolving issues of concern with fellow signatories amicably instead of taking unilateral action.115

The nations on Moscow’s list of unfriendly countries, on behalf of impacted entities, may use dispute-settlement mechanisms from multilateral treaty regimes to hold Russia accountable for its discriminatory economic policies.116 Under Article XXII in the GATT, if a party seeks relief through the WTO, the party must first initiate informal consultations with Russia in an effort to find a “satisfactory solution.”117 Should that prove unsuccessful, a three-member investigative panel may be appointed upon request to issue an objective assessment on the disputed matter.118 The panel is tasked with organizing findings including recommendations or rulings concerning how the parties should proceed after considering written and oral testimony.119 Additionally, countries can bring Russia before a WTO panel to answer for deliberately suspending its enforcement of IP rights in violation of Articles III, IV, and VI of the TRIPS Agreement.120