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.
The World Intellectual Property Organization (WIPO) has announced the opening of applications for the WIPO…
Azerbaijan has officially launched an electronic filing service for Eurasian applications. The project was implemented…
Patentica is proud to announce that it has been honored as one of the 2025…
Anna Bobkina and Daria Orlova of Patentica participated in AIPPI MidTerm Meeting held in Red…
According to new data from the World Intellectual Property Organization (WIPO), global investment in research…
The past year has been a period of active and productive work for our team.…