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In Interests of Safety

Russian pharma companies may be granted the right to use developments without consent of patent owner.

The head of FAS Igor Artemiev at the meeting with the Russian Union of Industrialists and Entrepreneurs held last year, said that amendments to the law on competition and the Civil code are being discussed, to grant Russian pharma companies the right to use developments without consent of patent owner.

It concerns, in the first place, patents for drugs and medical devices, whose owners abuse the situation and refuse to manufacture or supply the drug to Russia. However there are no mechanisms of solution of the problems related to the issue. However, international standards provision for a possibility to use the object without consent of patent owner, if it is provisioned by the national legislation of the WTO member. According to the Civil code, if national safety is at stake, it is allowed to use the object of intellectual property without consent of the patent owner, with payment of indemnity. It is suggested to add the item on personal threat and failure to respect the rights of citizens for health care and medical aid in cases, when patent owner refuses to manufacture and supply the drug to Russia. The management of FAS supposes that the government should obtain the right to determine the order of issue of such decisions, and in the law on drug circulation it is necessary to describe the procedure of marketing authorization of the corresponding product.

There are similar precedents in the global practice. However, all pros and cons are to be assessed so that as one problem is solved, no new ones arise.

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