The government submitted to the state Duma amendments to the civil code on the possibility to produce in Russia medication without the consent of the patentee. The document is available in the database on the website of the lower house of Parliament.
If the bill is passed, the government will have the right to make a decision about how to use the invention, utility model or industrial design without the consent of the holder of the patents “in case of emergency related to national defence and state security, protection of life and health of citizens.” Of the patentee will be informed that Russia wants to produce his medication, and he will be entitled to “reasonable compensation”, the method of calculation and order of payment of which will determine the government.
The bill was developed in the framework of implementation of the National development plan competition in 2018 – 2020. In the beginning of 2016, the Federal Antimonopoly service noted that the rightholders in the sphere of drugs and medical devices often abuse of a dominant position and refuse to deliver their drugs to Russia or to establish their production there. Therefore, Russian companies must obtain the right to release such products in the development of foreign patent holders without their consent.
November 8, 2019 the head of the FAS Igor Artemyev discussed the bill with Prime Minister Dmitry Medvedev. Artemyev pointed out that in recent years, foreign large corporations “refused to supply essential medicines” needed for terminally ill in Russia. The official assured that in the world there is a practice of compulsory licensing of drugs, and promised “fair” compensation to the patent holders. Meanwhile, experts in 2016 called this practice of raiding by the state, which can lead to the fact that the original news does not to offer to Russia.
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