Federation Council approved a bill on the release of drugs without the consent of the patent holder

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The Federation Council at a plenary meeting on April 23 approved a bill on the use by the government of inventions and useful models in the field of health care, as well as the release of medicines without the permission of the patent holder in the interests of national security in emergency cases.

The current rules of the Civil Code provide that the government “has the right, in the interests of defense and security, to allow the use of an invention, utility model or industrial model without the consent of the patent holder, with notification of it as soon as possible and with payment of commensurate compensation.”

The bill clarifies that such a right arises “in case of extreme need related to ensuring the defense and security of the state, protecting the life and health of citizens.” The procedure for determining the amount of compensation and the procedure for its payment will be approved by the Government.

The proposed changes create an opportunity to quickly make up for the absence or lack of foreign patented medicines or medical devices in the country, the developers of the bill say. The possibility of coercive influence of the state on an unscrupulous copyright holder is already provided for by international acts.

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