Press Center

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

• pdf, 13.31 Mb

India has long and firmly established itself as the ‘pharmacy of the world’, as the country produces a fifth of all generics and provides affordable medicines to millions of people across the globe. However, India is now transitioning from copying innovative molecules to creating them. Amid the restructuring of global supply chains and strategic rapprochement with Russia, India is becoming both a battleground for fierce patent wars and a unique laboratory for joint research. How can Russian pharmaceutical companies establish intellectual property protection in a jurisdiction where the balance between the interests of pharmaceutical giants and the affordability of medicines for the population is enshrined in law? Boris Malakhov and Natalya Thotahewage analyse the key features of patenting and the prospects for technological alliances between Moscow and Delhi.

The past days have been marked by landmark rulings from the Russian Supreme and Constitutional Courts, decisions that will influence future case law and the pharmaceutical market as a whole.

We are delighted to announce that Lidings has updated The Pharma Legal Handbook: Russia - practical directory focused on the key aspects of legislative regulation of pharmaceutical industry in Russia.

On 15 February 2024, the President of the Russian Federation signed Decree No. 122 “On Improving the Procedure for Decision-Making on the Use of Inventions, Utility Models and Industrial Designs to Ensure the Economic Security of the Russian Federation” (“Decree”), which requires the Russian Government to form a Sub-commission on the use of inventions, utility models and industrial designs (“Sub-Commission”). The Sub-Commission will be formed under the Government Commission on Economic Development and Integration.

The Federation Council has approved the draft law No. 390361-8 “On Amending Article 1248 of Part Four of the Russian Civil Code” (the “Draft law”). The Draft law will shortly be signed by the President and will enter into force 10 days after its publication.

According to the Draft law, article 1248(2) of the Russian Civil Code will be amended with a provision on the possibility to reimburse the costs borne before Rospatent from the losing party.

On 1 January 2024 amendments to the Patent Regulations to the Eurasian Patent Convention (EAPC) came into force, affecting various aspects related to the implementation of administrative procedures aimed at obtaining a Eurasian patent for invention and industrial design.

The Russian Ministry of Industry and Trade has drafted amendments to Presidential decree No. 81 of March 1, 2022 (the "Decree"), which would extend the special procedure for transactions established by the Decree to transactions involving intellectual property. The draft is currently at the stage of anti-corruption expertise.

In accordance with the current version of the Decree, certain types of transactions with persons from "unfriendly" countries may be carried out only on the basis of permits issued by the Government Commission for Monitoring the Implementation of Foreign Investments in the Russian Federation (the "Government Commission").