Legal Digest: Patent Disputes in Life Sciences (January 2023)

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.
On 2 December 2022 the results of the annual Pravo-300 law firms’ ranking were announced at an awarding ceremony at The Carlton Hotel in Moscow. Lidings’ top position among the leading legal advisors in Russia once again reflected by the ranking results.
In October 2022, the European Commission approved the eighth package of sanctions against Russia. Among other restrictions it established a ban on the provision of legal services to Russian companies. A few weeks later, on October 24, the European Commission published answers to frequently asked questions including explanations as to what kind of legal services fall under the ban and whether the extension of sanctions to this sphere does not entail restrictions on the right to protection.
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.
According to the official website of the Eurasian Patent Office (EAPO), the first national patent.
The new Federal law will enter into force on 18 October 2022. The amendments provide for the possibility to challenge extension of a patent related to a medicine, pesticide, or agrochemical (granting SPCs) by filing an opposition with Rospatent according to procedure set out in Article 1398 (2) of the Russian Civil Code if conditions for such patent extension, stipulated in Article 1363 (2) of the Russian Civil Code, have been violated.
Despite the fact that it is possible to obtain a single Eurasian patent by filing an application with the Eurasian Patent Organization (EAPO), the challenge of such patent is proceed separately in each country party of the Eurasian Patent Convention (excluded an administrative annulment of a patent under art. 19(xiii) of the Eurasian Patent Convention and Rule 53 of the Regulations to the Eurasian Patent Convention).
Overview of measures applied to designated persons according to the FAQ.
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