Calculation of compensation when producing patented drugs for export without patent owner’s consent

On October 18, 2021, the Government of the Russian Federation approved the methodology developed by the Federal Antimonopoly Service for calculating the amount of compensation payable to a Russian patent owner for producing generic medicines intended for export to other countries in accordance with the Article 1360.1 of the Civil Code without the patent owner’s consent. The corresponding government decree No 1767 entered into force on October 28, 2021.

According to Article 1360.1 of the Civil Code the Russian Government may allow to use a patented invention for the production of a medicinal product by any party for export purposes under certain specific circumstances without the consent of the patent owner with the requirement of immediate notification of the patent owner and payment of the proportionate compensation for such a use, as we informed earlier here.

The amount of compensation is 0.5% of the manufacturer’s actual revenue, which has exercised the right to use an invention, utility model or industrial design without the consent of the patent owner. The compensation is supposed to be annually paid during the period of validity of the corresponding government decision.

To date, no such authorization has been issued. We will follow up on the development of practice on this matter.

Should you have any questions in this regard or need additional information please do not hesitate to contact PATENTICA’s patent attorneys at  info@patentica.com.

pat

Recent Posts

Patentica attended the 2025 INTA Annual Meeting

Patentica is grateful for the opportunity to join INTA 2025 Annual Meeting—the world’s premier intellectual…

1 день ago

EAPO expands its presence as an International Searching Authority and International Preliminary Examining Authority (IPEA)

The Republic of Kazakhstan has officially recognized the Eurasian Patent Organization (EAPO) as an International…

4 недели ago

The dispute lost over the registration of the “Milk Wave’s” trademark

Rospatent refused registration of the trademark “Milk Wave’s” (Russian trademark application No. 2022775326) submitted by the…

4 недели ago

Patentica at INTA 2025 in San Diego: Join us to discuss IP protection in Eurasia

Dear colleagues, we are pleased to announce our participation in the INTA Annual Meeting on…

1 месяц ago

Kazakhstan marks a significant milestone in intellectual property: the registration of its 100,000th trademark.

The nation continues to break records in the realm of intellectual property. Recently, the National…

2 месяца ago

EAPO’s PPH Network: A Growing Global Collaboration

The EAPO has been actively engaging with other patent offices worldwide to establish PPH agreements,…

2 месяца ago