The State Duma is considering the bill No. 818556-8 “On Amendments to Part Four of the Civil Code of the Russian Federation” (the “Bill”), the authors of which propose to amend the procedure for making decisions on the use of inventions, utility models and industrial designs (“Objects of patent rights”) established by Article 1360 of the Civil Code of the Russian Federation.

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.

On 27.09.2024 the Decree of the Government the Russian Federation No. 1278 was published. This Decree amends for the Regulation on Patent and Other Fees for Legally Significant Actions.

On July 22, 2024, the President of Russia signed Federal Law No. 190-FZ “On Amendments to Part Four of the Civil Code of the Russian Federation” (Federal Law). The amendments establish the procedure for the use of works whose author or right holder is unknown (“orphan” works).

On 24 June, a new block of sanctions was adopted which, among other things, affects in the broadest possible way the prospects for registration and protection of intellectual property owned by Russian individuals and legal entities abroad.

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.

On 15 February 2024, the President of the Russian Federation signed Decree No. 122 “On Improving the Procedure for Decision-Making on the Use of Inventions, Utility Models and Industrial Designs to Ensure the Economic Security of the Russian Federation” (“Decree”), which requires the Russian Government to form a Sub-commission on the use of inventions, utility models and industrial designs (“Sub-Commission”). The Sub-Commission will be formed under the Government Commission on Economic Development and Integration.

The Federation Council has approved the draft law No. 390361-8 “On Amending Article 1248 of Part Four of the Russian Civil Code” (the “Draft law”). The Draft law will shortly be signed by the President and will enter into force 10 days after its publication.

According to the Draft law, article 1248(2) of the Russian Civil Code will be amended with a provision on the possibility to reimburse the costs borne before Rospatent from the losing party.