The new review of the most notable patents disputes in Life Sciences in EAEU.

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By its Ruling of 25.09.2023 in case No. A40-185112/2022, the Ninth Commercial Court of Appeal ordered the pharmaceutical company Vertex, the right holder of a series of patents for the drug Trikafta (INN: Ivacaftor+Tezacaftor+Elexacaftor, Ivacaftor), to grant a simple (non-exclusive) license to the Russian pharmaceutical company MIK under Article 1362(1) of the Russian Civil Code (insufficient use of patents).

Lidings’ IP team has successfully secured recognition of the Doppelherz brand as a well-known trademark specifically for dietary supplements, setting a valuable precedent. The interests of the client, the German pharmaceutical company Queisser Pharma, which owns the brand, were represented by Boris Malakhov, Partner, and Vladislav Ryabov, Senior Associate.

This review is prepared based on the EEC reports on the state of competition in cross-border markets and measures taken to curb violations of the general rules of competition in those markets in 2020-2022 (in Russian).

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Lidings Intellectual Property team has helped a major Russian manufacturer of pharmaceuticals, Pharmnovations, to achieve the annulment of the marketing authorization for a generic drug of a competitor company.

Decree No. 529 of the Russian Government dated April 3, 2023 entered into force on April 18, 2023. It amends the Rules for Granting Subsidies for Research and Development in the Realization of Innovative Projects, approved by Decree No. 1649 of the Russian Government dated December 12, 2019.

On 22 February 2023 the Government has approved the rules for conducting an experiment on the remote sale of prescription medicines. The experiment is carried out in the territory of Moscow, Moscow and Belgorod regions from 1 March 2023 to 1 March 2026.

The State Duma has adopted in the first reading amendments to article 238.1 of Criminal Code, establishing liability for circulation of unregistered medicinal drugs and devices in Russia.

The bill proposes to exclude from note 3 to the article 238.1 a case of non–criminalization – the existence of a recommendation by the World Health Organization for the use of appropriate unregistered medicinal drugs and devices.

Lidings takes high positions in the new rating of the leading legal advisors in Russia based on the analytical research held annually by the “Kommersant” newspaper. In 2023 the firm is ranked among the TOP leading legal advisors in Russia.