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

Eurasian Patent System shows steady growth in 2025

In 2025, the Eurasian patent system demonstrated steady growth in applicant activity. The number of…

4 недели ago

11 Million Ruble Compensation for the Jewelry Brand «TOUS»

The lawyers of Patentica have once again confirmed that infringement of intellectual property should not…

1 месяц ago

WIPO Global Awards 2026: why a strong IP strategy matters

The World Intellectual Property Organization (WIPO) has announced the opening of applications for the WIPO…

2 месяца ago

New e-filing service for Eurasian applications in Azerbaijan

Azerbaijan has officially launched an electronic filing service for Eurasian applications. The project was implemented…

3 месяца ago

Patentica recognized as one of the 2025 Outstanding International IP Service Teams

Patentica is proud to announce that it has been honored as one of the 2025…

3 месяца ago

PATENTICA at AIPPI MidTerm 2026 in Marrakech

Anna Bobkina and Daria Orlova of Patentica participated in AIPPI MidTerm Meeting held in Red…

3 месяца ago