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Compulsory licensing in Russia

26.02.2020
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The Federal Antimonopoly Service has prepared a draft decree of the Government of the Russian Federation "On the methodology for determining the amount of compensation paid to the patent holder when deciding on the use of an invention, utility model or industrial design without his consent, and the procedure for its payment". The document was published on the regulation.gov.ru portal. Public discussion will last until March 19, 2020.


The document determines the amount of compensation established by the Government of the Russian Federation as following:
One million rubles - for patent holders whose revenue from the sale of an invention, utility model or industrial design on the territory of the Russian Federation for the calendar year preceding the adoption by the Government of the Russian Federation of a decision on the use of such an invention, utility model or industrial design without the consent of the patent holder was less than 1 billion rubles;


Two and a half million rubles - for patent holders whose revenue from the sale of an invention, utility model or industrial design on the territory of the Russian Federation for the calendar year preceding the adoption by the Government of the Russian Federation of a decision on the use of such an invention, utility model or industrial design without the consent of the patent holder amounted to 1 to 5 billion rubles;


Five million rubles - for patent holders whose revenue from the sale of an invention, utility model or industrial design on the territory of the Russian Federation for the calendar year preceding the adoption by the Government of the Russian Federation of a decision on the use of such an invention, utility model or industrial design without the consent of the patent holder amounted to more than 5 billion rubles.


Furthermore, the document states that when the Government of the Russian Federation decides to use an invention, utility model or industrial design without the consent of the patent holder concerning medicines, including those not included in the list of vital and essential medicines, the maximum selling price for a medicine established by the manufacturer who has exercised the right to use the relevant invention, utility model or industrial design without the voice of the patentee shall not exceed the price calculated in accordance with the Decree of the RF Government of 29.10.2010 number 865 "On state regulation of prices for medicines included in the list of vital and essential drugs."