Legal Digest: Patent Disputes in Life Sciences (November 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).
The President has signed a law which may have an impact on Internet users and website owners.
The Law amends the Act "On Information, Information Technologies and the Protection of Information" and the Act "On Communications". The law introduces new requirements for the owners of Internet sites and their users.
On 29 June 2023, Federal law of 28 June 2022 No. 193-FZ came into force, amending Part 4 of the Russian Civil Code, including the subjects that can be trademark holders.
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.
Based on the Government Decree No. 593 of 5 April 2022 Multiagency Commission on the detection of medicines shortage or a risk of shortage included 88 INN in different forms and dosages (97 names in total) in the relevant list.
The Russian Constitutional Court in its Ruling of 10 January 2023 No. 1-P stated that art. 1248(2) of the Russian Civil Code along with art. 106 of the Russian Commercial Procedure Code are inconsistent with the Russian Constitution insofar they prevent a party in a court case on appealing the Rospatent decision to reimburse legal costs borne by this party in administrative dispute on annulling registration of intellectual property objects or means of individualization previously resolved by Rospatent.
The Ministry of Industry and Trade approved new amendmends to the Decree on goods admissible for parallel import. That is the 4th edition of this Decree.
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