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No More Ever-Green Patents

The government is planning to consider a draft of decree that would regulate the rights of Rospatent as a single regulator in the field of intellectual property.

Such powers given to Rospatent will help fight violations by pharma companies that deliberately prolong the period of validity of patents  precluding competitors from manufacturing copy products and conducting tests with the active substance protected by an “ever-green” patent.

The leaders of Rospatent are going to define a practice that would preclude from tricks that companies resort to in order to prolong the patent protection. A unique information database of intellectual property will be created, and all significant activities will be performed without documentation.

It is also proposed to reduce the time of registration of trade marks from 16-22 months to seven months and a half. It will become possible thanks to the “opposition procedure” which will enable accelerated registration of a trade mark if  no claims are set o it. Besides, it is suggested to increase the patent fees  which have become quite low following ruble devaluation.  The fees will grow 1.5-fold, reaching a minimal level among the  EEU member states.

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