Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Russian theatres are turning to pirated films to stay alive during these trying times - and it may not be working. , some theatres in Russia have resorted to screening pirated movies to offset the Hollywood sanctions while others are practicing more caution by renting out spaces to show the films to certain individuals, with or without a fee.

Following the Russian invasion of Ukraine, Hollywood has protested by putting a halt to the release of films in Russian theatres. , going one step beyond its initial commitment to pause all future projects and acquisitions in the country, thereby putting an indefinite stop to the development of four Russian originals. Shortly after , marking the general suspension of the US film and TV business in Moscow. The harsh sanctions have particularly been interesting because . In fact, to ensure that their films would be released in Nazi Germany, Hollywood used from the credits during the 1940s.

Russians are avid cinemagoers and are particularly hard-hit by the sanctions. , Russia had the highest number of admissions in Europe – 145.7 million in 2021. Moreover, ��ܲ�������’s cinema market seemed to also be bouncing back since the start of COVID. According to data from the International Union of Cinemas (UNIC), represented in the table below, Russia was one of the major territories that performed strongly in its recovery in cinema admissions. compared to 2020. , Paul Heth, CEO of ��ܲ�������’s cinema operator Karo Group, predicted that they would achieve the near $1 billion box office receipts that they saw in 2019, this year. However, the current situation with Ukraine has prevented box office receipts from approaching anywhere close to those figures.

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So far, there seems to be no consequences for these illegal showings. In March, Russia in an effect to mitigate sanctions imposed by Western nations, thereby legalizing piracy of several entertainment forms, including films. , the Russian government has announced that its companies will no longer be required to pay patent holders from countries that have sanctioned the country for the use of intellectual property, effectively legalizing piracy throughout the country.

But despite efforts to keep the industry alive, the results have not been encouraging – compared to the same time last year. Moreover, the Association of Theatre Owners has that “at least half the movie theatres in Russia would go out of business in the next two months”. Russia is encountering further issues with screening costs, , there has been a sharp increase of about 80% in the cost of lamps and components for projectors, with an estimated 50% of the Russian cinema screens already dark because of the lack of films and equipment. For now, pirated films continue to keep the theatres dimly lit, but it might not be too long before the Russian cinema industry faces a total blackout.

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. On Monday, March 7, Russian Prime Minister, Mikhail Mishustin signed a motion stating that payment to patent holders from these counties will be 0%. This means that, in Russia, it is legal for individuals to make use of or reproduce intellectual property originating from any of their enemy states.

Many countries, including the United States and Canada are refusing to do business with Russia in attempt to discourage their invasion of Ukraine. Russia first responded to these sanctions by declaring that they would pay back their debts to these countries only in rubles, which are currently valued at 0.0072 US dollars. Now, Russia attempts to combat sanctions by promoting intellectual property theft. The protection of intellectual property is important because it provides inventors with a level of control over how their inventions will be used. Russia knows that these rights are important to inventors and thinks by removing them they can pressure these states into lifting sanctions.

��ܲ�������’s ongoing attack on Ukraine has caused millions of Ukrainians to leave their homes, in search of refuge. ��ܲ�������’s president, Vladimir Putin, claims Ukraine is a threat to ��ܲ�������’s peace and security, and claims that it is a country that promotes bullying, genocide and Nazification. Putin’s claims are unfounded. Ukraine is a democratic state led by a Jewish president. This points to a larger issue of dictatorships and total control being in the hands of one person. Putin sees Ukraine’s democratic nature as a threat to his authoritarian control. Putin has served three terms as president. Under his leadership, Russia has experienced suppression of free speech in the media, corrupt election processes and prison sentencing for contrarian politicians and leaders.

There is no lack of consensus among the general population that these atrocious acts by the Russian government are unethical. However, because all states are sovereign entities, there is no authority that can force Russia to evacuate Ukraine. The United States is a very strong political and financial power. With them and many other states refusing to engage in business with Russia, the consequences for ��ܲ�������’s economy could be dire. And without money, Russia will not have money to fund their war. The best response to ��ܲ�������’s invasion of Ukraine would be to follow the actions of these countries that are imposing sanctions against Russia, and bankrupt Russia. No money means no power, and then ��ܲ�������’s efforts to combat these sanctions will be of no effect because the country will have no power.

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Photo by Tina Hartung ()

Pankhuri Malik is an IPilogue Writer and an LL.M Candidate at Osgoode Hall Law School.

As , Russia is now responding to sanctions by removing the protection of IP rights in its territory for owners from “unfriendly” countries. On , Russia released an executive order acknowledging the unfriendly actions of the United States of America and its allies, including Canada, the UK, and all EU states.

��ܲ�������’s of Ukraine elicited a show of solidarity from the western world. As several countries imposed political and economic sanctions on Russia, the United States of America and its allies banned the export of luxury goods into Russia. Various USA-based companies like also responded by winding down their operations in Russia. The value of the Russian ruble dropped to ,. In retaliation, starting with the list of “unfriendly” countries, Russia proceeded to worth of property from sanctioning states.

Suspension of Association with Russian Patent Offices

On , the United States Patent and Trademark Office announced that it would no longer associate with the Russian and Belarusian Patent Offices. This announcement closely followed a similar one from the .

President Putin responded by suspending the operation of IP rights in Russia for owners either residing in or operating in “” countries. As a result, US-based companies can no longer enforce their IP rights in Russia. Included in the scope of these rights are protections flowing from patents, trademarks, and copyright.

Putin announced compulsory licensing, without any remuneration, of patents held by sanctioning states. Following this order, a Russian Court the trademark rights of Hasbro Inc. in its “Peppa Pig” and “Daddy Pig” marks, stating that the sanctions imposed on Russia “prejudice” the dispute. Russia has also suspended the operation of IP rights for “certain goods”, the ambit of which is unclear.

Russia has been accused of of IP rights in the past. Unsurprisingly, ��ܲ�������’s suspension of IP rights has only aggravated the situation. for various deceptive ��marks have emerged, bearing similarity to renowned MNCs such as McDonald’s, Starbucks, Instagram, and Ikea. Russian entities will be able to like McDonald’s, Ford, and General Motors at their existing manufacturing facilities in Russia.

Going Forward

With the events in Russia and Ukraine still unfolding, it is difficult to say if we can expect IP rights to be restored in Russia anytime soon. Even if they are, Putin’s actions appear to have changed ��ܲ�������’s relationship with the rest of the world. US and Canadian companies do not have any way to enforce their IP rights in Russia. In this situation, the best move may be to restrict Russian-made infringing goods in foreign markets through .

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Photo by Daniel Lincoln ()

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School.

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On Tuesday, March 8, 2022, Ukraine’s president Volodymyr Zelensky said in a video recording that the Russian army flattened a 19th-century wooden church in the village of Viazivka in the Zhytomyr region. The architectural monument was an important national cultural heritage, listed under protection number 108. Olha Rutkovska, a member of the Ukraine council for the protection of monuments, described it as “.”

UNESCO, the United Nations’ cultural agency, responded swiftly to the challenge of protecting Ukraine’s cultural heritage from the war and bolstered the protective measures. Its first move was to mark the important cultural sites and monuments with the distinctive “blue shield” emblem as protected areas under international law. It aims to avoid deliberate or accidental damage to the monuments.

The is the primary source of international humanitarian law that UNESCO relies on to protect cultural heritage. The destruction of cultural heritage during World War II served as the impetus for the Convention and the recognition of the importance of cultural heritage for all peoples of the world. All permanent members of the UN Security Council, including Russia, are bound by the Convention to refrain from violent acts against cultural properties. It also urges governments to take active moves to prevent damage and provide adequate protection in times of emergency.

Cultural heritage protection was further upgraded by the in 1999, in response to the devastating damage of cultural properties in the . The protocol established an enhanced protection regime for cultural property and narrowed the exemptions from such protection. The protocol also formulated highly advanced rules on individual criminal responsibilities for breaches of the obligations.

It is undeniable that the international community has achieved much progress in protecting cultural heritage in armed conflicts. However, the efficacy of the Convention in checking ��ܲ�������’s hostile acts against Ukraine’s cultural properties remains questionable. Firstly, there is insufficient awareness among armed forces about the Convention mandates. Former US President Donald Trump to attack 52 Iranian cultural sites as retaliation against potential attacks from Iran in January 2020. He was heavily criticized immediately for his ignorance of the law and dismissive attitude about cultural heritage. Indeed, few armed forces have established their or conducted relevant training, as required by the Convention, to protect cultural property in military conflicts. It is questionable if Russia would uphold the values established in the Hague Convention, even under increasing pressure from the international community.

According to Professor Peter Probst from Tufts University, the results brought by the Convention and its listing of cultural properties is a “.”�� The grew from 12 in 1977 to 1121 in 2019. On the one hand, it raised global awareness of the value of cultural heritage. However, it also made the heritage sites prominent targets, especially in asymmetrical warfare between nations and non-state actors. The destruction of cultural sites is a powerful attack on the other side’s beliefs and values. Many believe that it is part of Putin’s strategy to “” Ukraine as an independent state.

The protection of Ukraine’s cultural heritage requires urgent attention from the international community. Only collective recognition and effort can protect cultural properties from destruction.

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Tetyana Yablonska, (1967)

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School.

On International Women’s Day in Odessa, Ukraine, soldiers friends and family flowers despite the fear of an imminent Russian attack. Soldier Dmitriy pink and yellow tulips for female soldiers, while flower vendor Alena tied a bouquet of blue and yellow tulips in honour of the Ukrainian colours. Flowers hold a special place in Ukrainian cultural heritage, which now faces of destruction.

On March 1, invading Russian forces shelled (Babyn Yar)—a Nazi killing ground where thousands of Jews, Romani people, psychiatric patients, and war prisoners were massacred. The shelling killed at five people, and injured another five. While the Babyn Yar Holocaust Memorial Center was not directly , the center had plans to expand to a nearby building that suffered damage in the bombing.

In the wake of destruction and killing at the symbolic site, President Zelenskyy , “[the Russian invaders] all have orders to erase our history, erase our country, erase us all.” It is important to understand and Ukrainian history and culture more than ever. Every day, especially during , it is also essential to understand and celebrate women’s contributions to the foundations of history and culture.

Flowers and Female Ukrainian Artists

The United Nations Educational, Scientific and Cultural Organization (UNESCO) has recognized the decorative painting as a valuable part of humanity’s intangible cultural heritage. Petrykivka is named for Petrykivka village, where the Ukrainian Zaporizhian Cossack practice of decorating living quarters and belongings with fantastic flowers and natural elements was preserved despite the brutal Soviet regime. A local non-governmental organization, Agency for Regional Development of Dnipropetrovsk Region, the Petrykivka trademark.

Believed to protect the wearer from sorrow and evil, flower ornaments in the Petrykivka style were applied by women . Tetiana Pata, Nadia Bilokin, Paraska Pavlenko, Iryna Pylypenko, and Pelaheia Hlushchenko are known as the of the transformative period of Petrykivka art where local artists integrated the style to their traditional mediums following its re-discovery. The many talented Ukrainian female artists that have emerged throughout history have carved out their unique styles. Still, many have integrated uniquely Ukrainian elements of Petrykivka into their work, whether in the form of vibrant flora or fantastical fauna.

Petrykivka can transform everyday objects into art. During summers spent with her great-grandmother in Poltava, a Ukrainian village north of Petrykivka, Victoria dishes, vases, and kettles adorned with clusters of red guelder rose berries and orange flowers. Like Petrykivka artists, Odessa-born does not restrict herself to canvass. She is known for her wall paintings and has also created reminiscent of Petrykivka—accessories like handbags and wallets adorned with lively flora. Energetic florals are also alive in , whose work also features the poignant .

, an original member of —the first artist-run, not-for-profit gallery dedicated to women and non-binary artists in the USA—is another Ukrainian artist whose work features flowers. Dorosh fabric and textile work, a traditionally female craft, to explore complex topics such as the slippage of play between childhood and adulthood. Textile work was an important feature of art.�� For example, is a fabric sample where overlapping oblong shapes of varying blues, greens, and yellows resemble a collection of flower petals.

A discussion of flowers and female Ukrainian artists would be incomplete without , the self-taught painter of floral scenes who made Picasso , “if we had an artist of this level of skill, we would make the whole world talk about her.” Bilokur’s Happiness, Storks brought the baby (1950) features sunflowers. As Ukraine’s national flower, the has quickly become a symbol of resistance. Sunflowers have inspired Ukrainian artists from to to , each in their unique way.

The magical and bright flora featured in Ukrainian female artists’ work throughout history provides a stark contrast to the images coming out of Ukraine in recent weeks. As Ukraine’s humanitarian crisis continues during Women’s History Month, the comments of European Parliament President Roberta Metsola remain on my mind. He the “incredibly brave women of Ukraine who are fighting, forced to shelter their loved ones in bunkers, giving birth in metro stations and leading on the frontline.” On my mind, too, are the Ukrainian women who have built up the intangible cultural heritage of humanity and their images of strength, hope, and peace.

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"Khvylya" by Olha Pilyuhina ()

Every year, March 8 is recognized as International Women’s Day. 91��ɫ President & Vice-Chancellor Rhonda Lenton and Vice President, Equity, People & Culture Sheila Cote-Meek beautifully addressed this year’s theme of #BreakTheBias in their earlier this week. This year, before we look back at some of our noteworthy pieces highlighting the accomplishments and continued struggles of women artists and innovators, and in light of the ongoing atrocities in Ukraine, we wish to briefly acknowledge the historic struggles of Ukrainian women artists.

In Ukraine, as in many other places, . This lack of recognition stems from many sources: women encouraged to focus on marrying rich instead of studying art, gender prejudices in early art schools, and women’s contributions overlooked when collaborating with male counterparts, to name a few. Today’s landscape has evolved a fair bit, as many previously ignored talents are moving into the light.��For more information about this history, read .��

Some great artists whose work you can browse online are ,��,��, and , whose painting is featured above.

Further IPilogue Reading for International Women’s Day

Since last March, the IPilogue featured plenty of articles showcasing achievements by prominent women, noteworthy IP lawsuits involving women and barriers that women artists and entrepreneurs continue to face. Browse our selection below:

• by Prof. David Vaver (7 March 2022)
• by Claire Wortsman (4 March 2022)
• by Emily Chow (1 March 2022)
• by Meena Alnajar (15 February 2022)
• by Shawn Dhue (29 November 2021)
• by Meena Alnajar (25 November 2021)
• by Tianchu Gao (5 November 2021)
• by Emily Chow (18 October 2021)
• by Natalie Bravo (13 October 2021)
• by Emily Prieur (8 October 2021)
• by Shawn Dhue (28 July 2021)
• by Meena Alnajar (26 July 2021)
• by Eloise Somera & Alessia Monastero (16 July 2021)
• by Sabrina Macklai (12 July 2021)
• by Ashley Moniz (30 June 2021)
• by Prof. Pina D’Agostino (28 May 2021)
• by Meena Alnajar (27 May 2021)
• by Meena Alnajar (21 May 2021)
• by Jenna Gulizia (3 May 2021)
• by IP Osgoode (28 April 2021)

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Maria Prymachenko, (1982)

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School.

On February 25, invading Russian forces the Ivankiv Historical and Local Museum, and the many culturally and historically significant pieces it housed, to the ground. The Museum’s collection included 25 paintings by Maria Prymachenko, the celebrated Ukrainian artist world-famous for her colourful folk art style. Prymachenko’s great-granddaughter that a local man ran into the burning building and was able to save some of the precious works. Yet many more pieces were lost, and millions of artworks and monuments at risk from ��ܲ�������’s military onslaught. These those dating back to the Byzantine and Baroque periods, as well as UNESCO World Heritage sites.

Ukrainian Minister of Culture Olexandr Tkachenko has that Russia lose its UNESCO membership. The destruction of Ukrainian cultural heritage at the hands of Russia is not a novel occurrence -�� the 2014 annexation of Crimea and the conflicts in Donetsk and Luhansk to the loss of dozens of archaeological, historical, and artistic collections. James Cuno, President of the J. Paul Getty Trust, released a condemning the cultural atrocities taking place in Ukraine alongside the unfathomable human and environmental losses. Cuno identifies that cultural heritage has the power to unite us, and is critical for achieving peace, making it a common target in war; a means of destroying a society by erasing its memory. Officials preserving and protecting cultural legacies in times of conflict has the power to bind local people and foster peace, once the shooting stops.

The importance of safeguarding cultural property extends beyond the borders of Ukraine. The preamble of the recognizes that “… any damage to cultural property, irrespective of the people it belongs to, is a damage to the cultural property of all humanity, because every people contributes to the world’s culture.” Putin’s continued violation of international law is a blow to the international legal order – one that Yale Law School’s Oona Hathaway and Scott Shapiro must be met with an aggressive and resolute response.

Uncertainty and crisis in Ukraine have left many fleeing their homes, while museum employees remain behind to look out for their collections in whatever way they can – whether by standing guard, hiding art in basements, or (for those farther away from the war zones) transforming into a place of temporary respite for those who have fled. Fedir Androshchuk, the director of the National Museum of the History of Ukraine, is standing alongside two colleagues in an to safeguard the museum from attack or looting. He that “the museum is located in the middle of a rich cultural heritage area near three fine churches, but also close to some possible targets (the Ukrainian security service and border forces).” This proximity to potential military targets is significant from an international law perspective, [1], as the carves a “military necessity” exception out of its protections for cultural property. As by Captain Joshua E. Kastenberg, “Where a defender state harbors items of military value… in or near cultural property, the property loses its legal protections.”[2]

Androshchuk also , “there is no guarantee that the Ukrainian cultural heritage will not be plundered and transferred to Russian museums, especially given that Kyiv has a special place in Putin’s interpretation of Russian history and its roots.” The destruction of Ukraine’s cultural heritage serves the narrative of Vladimir Putin, who that Ukraine is a nation and that Ukrainians are a people. Perpetrators of the intentional destruction of cultural heritage seek to destroy the communities for which the heritage is perceived as an essential element of their own life, cultural identity, and distinctiveness.[3] Yet Putin’s assault has backfired – Ukraine itself, the West against Russia, and images of Prymachenko’s uniquely Ukrainian style around the world.

[1] Captain Joshua E. Kastenberg, “The Legal Regime for Protecting Cultural Property During Armed Conflict,” Air Force Law Review 42 A.F.L Rev. (1997)

[2] Ibid

[3] Federico Lenzerini, “Intentional Destruction of Cultural Heritage,” The Oxford Handbook of International Cultural Heritage Law (2020)

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