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Russian ministry of education proposed to deprive patents for drugs intended for export

Russian ministry of education has proposed mandatory licensing for patents but in its original way. The patent can be deprived if the drug, produced under this patent, is intended to be exported. In order to implement it the relevant amendments to the Russian IP code are to be adopted. Under proposed amendments the rights of patent holder can be restricted, but the ministry believes its amendments are in accordance with relevant international law and would implement it.

If the drugs are to be exported the patents for such drugs can be licensed mandatory. The mandatory licensing is provided in order to allow other companies to produce and sold the patented drugs in Russia. Certainly, the patent holder is to be remunerated in the case of mandatory licensing, but there is no guarantee that the remuneration under such license would be appropriate for the patent holder. The ministry explained that such amendments would implement provisions of TRIPS.

The industry professionals believe only major market players with strong administrative resource and without binding to the place of headquarters’ residence would win from these amendments. According to explanation note to the draft law, the epidemic situation in former CIS countries forces the Russian government to provide such licensing in Russian national law. But proposed amendments allow Russian to import drugs produced under mandatory licensing, and do not provide mandatory licensing for Russian patents.

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