Legal Digest: Patent Disputes in Life Sciences (November 2023)
01 November 2023
The Court Ordered for the First Time a Compulsory License for a Series of Pharmaceutical Patents on the Grounds of Lack of Use in Russia
05 October 2023
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 Has Successfully Secured Recognition of the Doppelherz Brand as a Well-known Trademark in Russia in a Precedent Dispute
25 September 2023
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.
Review of Сurrent Decisions of the Eurasian Economic Commission (EEC) in the Pharmaceutical Market
29 August 2023
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).
Penalty for Suspension of Commercial Activity (In Russian)
25 August 2023
The Advocate Newspaper, August 2023
The Court Determined the Burden of Proof in Cases for a Compulsory License to a Pharmaceutical Patent (Article 1362(1) of the Russian Civil Code)
22 August 2023
In case No. A40-185112/2022, the Moscow Commercial Court determined the evidence to be presented by the claimant when considering a claim for a compulsory license under Article 1362(1) of the Russian Civil Code. The case is currently being considered by the appellate court.
Lidings Team Prevails in Precedent Data Exclusivity Dispute
13 July 2023
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.
The Russian Government Will Provide a Subsidy for Development of National Generics During the Patent Period of Original Drugs
27 April 2023
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.
Experiment on Remote Sale of Prescription Medicines
26 April 2023
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.
Restrictions on Import of Unregistered Medicinal Drugs and Medical Devices Can be Amended
24 April 2023
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.