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For Protection of Life and Health of Citizens

Discussion of compulsory licensing as a leverage for rights holders, abusing their dominant position and overstating prices for socially important drugs and medical devices, or refusing to deliver them to the Russian Federation is ongoing.

The discussion was first opened at a meeting of Advisory Council at the VI International Conference on HIV/AIDS in the Eastern Europe and Central Asia. Talking to the Council members, Nadezhda Sharavskaya, Deputy Head of Administration for control of social sphere and commerce of the Federal Antimonopoly Service, remarked, that the FAS is insisting on inclusion of mechanisms of compulsory licensing and measures for lowering prices for drugs into the Prevention to Proliferation of HIV Strategy implementation plan.

She reminded the audience about the draft of law prepared by the FAS, suggesting amendments to the Law on protection of competition and into the Civil Code of the Russian Federation (CC RF) (see publication at our site on 30.11.2016). Nadezhda Sharavskaya stressed that the mechanisms suggested by FAS will help widen access to patients receiving treatment according to HIV and Hepatites program. Besides, introduction of such mechanisms will help lower dependence on foreign patent owners. She also directed the attention of the audience to the fact, that this draft of law is to introduce a new version of Clause 1360 of the CC RF, suggesting the issue for using a patent subject by the Government of the Russian Federation without consent of the patent owner, not only in the interests of public defense and safety, but also to protect the life and health of citizens.

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