Rospatent does not support FAS proposals and takes side of drug patent holders

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Russian Federal Service for Intellectual Property (Rospatent) considers as redundant and dangerous for the industry the amendments to Article 1360 of the Civil Code proposed by the Russian Federal Antimonopoly Service (FAS). This opinion was expressed in a letter sent by Grigory Ivliev, the Head of Rospatent, to Andrey Tsyganov, the Deputy Head of FAS. According to the plan of FAS, the government would have the right to “use, in the interests of the nation’s health, the inventions, utility models and industrial designs without the consent of patent holder.” Currently, this is allowed only in the interests of national defense capacity. As a result, the pharmaceutical companies could lose exclusive rights to their drugs.

The Head of Rospatent warned that, at this point, there is no way to distinguish between the legitimate and illegal use of the mechanism proposed by FAS, which would create legal uncertainty and conditions for loose interpretation of the regulations.

“We consider it inadvisable to apply the amendments proposed by FAS of Russia,” stated the letter.

Rospatent noted that the new rules could also damage the investment climate.

“The issues related to protection of intellectual property are very sensitive for the international market in determining the priority markets for implementing the investment projects. The introduction of amendments to the laws of the Russian Federation allowing arbitrary restrictions of exclusive rights can lead to deterioration of the investment climate in the Russian Federation, which is particularly undesirable concidering the current economic situation,” stated the letter of Rospatent.