The State Duma in the third reading approved a government bill that allows the release of drugs without the consent of the patent holder. It was initiated by the Federal Antimonopoly Service as part of the implementation of the National Plan for the Development of Competition for 2018-2020 Years.
According to the document, the Cabinet will be able to decide on the use of an invention, utility model or industrial model without the consent of the patent holder in case of extreme need, “related to the provision of defense and security, including the protection of the life and health of citizens.” The rightholder must be notified as soon as possible and paid commensurate compensation. The methodology for determining the amount of compensation and the procedure for its payment will be determined by the Cabinet.
The authors of the bill indicate that the changes will provide an opportunity to make up quickly for the absence or lack of foreign patented drugs and medical devices in the country. The document emphasizes that the forced influence of the state on an unscrupulous copyright holder is provided by international acts.
