Practices
Industries

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).

The Russian Constitutional Court Has Allowed Reimbursement of Legal Costs Borne Before Rospatent as Court Costs

18 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.

Legal Advisory Services Under Newly Applied Sanctions

07 November 2022

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.

Patent Extensions May Now Be Challenged Under Administrative Procedure

12 October 2022

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.

Eurasian Patent Court May be Established Soon

07 October 2022

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).