The Ministry of Health may expand its patent use powers

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The Communist Party of the Russian Federation has proposed amendments to Article 1360 of the Civil Code, allowing departments like the Ministry of Health to use patented inventions without copyright holders’ approval for national security and public health.

“A model that meets modern challenges and goals in the area of ​​comprehensive import substitution and optimal achievement of national technological sovereignty is one in which federal executive bodies authorized by the Russian government <…> approve lists of inventions, utility models and industrial designs that are not used or are insufficiently used in the territory of the Russian Federation, for which patents have been issued, or patent applications have been filed, potentially necessary for solving problems in the areas of national security, defense, protection of life and health of citizens or national economic development,” the explanatory note to the draft states.

According to the proposed changes, Rospatent will take on the functions of creating and administering a single register of such inventions, based on data from various government agencies.