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).

Law on Special Economic and Coercive Measures Amended

29 September 2023

Special economic and coercion measures were mentioned in Russian legislation in 2006 with the adoption of Federal Law No 281-FZ “On Special Economic Measures and Coercion Measures” dated 30 December 2006 (“Law”).

Special economic measures are applied when a set of circumstances arise that require an immediate response to an internationally unlawful act or unfriendly action by a foreign state or its bodies and officials that threatens the interests and security of the Russian Federation and (or) violates the rights and freedoms of its citizens.

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.

The Ministry of Finance Has Softened the Conditions for Paying Dividends to “Unfriendly” Non-Residents

24 August 2023
On 23 August 2023, the Ministry of Finance of the Russian Federation has published on its website an extract from the minutes of the meeting of the Subcommittee of the Government Commission for the Control of Foreign Investment in the Russian Federation No. 182/5 dated 9 August 2023 (“Extract”). This Extract allows residents to pay dividends to foreign “unfriendly” creditors without complying with the conditions specified in paragraph 2 of the minutes of the meeting of the Subcommittee No. 171/5 dated 14 June 2023(«Conditions»).