Practices
Industries
Jurisdictions

Significant Turnaround in Russian Antitrust Practice of Protecting the Exclusivity of Drugs

29 October 2024

Despite the fact that the issue of intellectual property rights turnover is included in the perimeter of antimonopoly regulation, until recently the Russian Antitrust Agency took rather an observant position.

The regulator's position was that the issue of patent infringement is a private legal dispute between original and generic manufacturers, which should not affect the turnover of drugs, particularly the execution of contracts based on the results of public procurement. Only in isolated cases the Russian Antitrust Agency has established the fact of patent infringement and issued a corresponding order on the inadmissibility of anti-competitive practices.

Now the reverse trend has clearly emerged.

More in our update.


Government Commission Will Coordinate Transactions on the Alienation of Intellectual Property of Rightholders from Unfriendly Countries

22 May 2024

Earlier we reported on the fact that the Ministry of Industry and Trade of Russia has developed a draft by-law extending a special procedure for the execution of transactions to transactions involving intellectual property objects.

This legislative initiative has been developed. On 20 May the Decree of the Russian President No. 430 “On the Temporary Procedure for Acquiring the Exclusive Rights of Certain Copyright Holders and Fulfilling Monetary Obligations to Certain Foreign Creditors and Persons Controlled by Them” (hereinafter referred to as the “Decree”) was signed and came into force.

The Russian Government Has Сlarified the Procedure for Issuing Compulsory Licenses

12 April 2024
On 4 April 2024 the Resolution of the Government of the Russian Federation dated 27 March 2024 No. 380 “On the Sub-commission on the Use of Inventions, Utility Models and Industrial Designs to Ensure Economic Security of the Russian Federation under the Government Commission on Economic Development and Integration” (the “Resolution”) came into force. The Resolution approved the Regulations on the Sub-Commission on the Utilization of Patent Rights Objects (“Regulations”), as well as the rules for preparation by the Sub-Commission of decisions on the uses of such objects with payment of commensurate reimbursement to their right holders (“Rules”).