Russia to Create a New Body in the Field of Compulsory Licensing

Russia to Create a New Body in the Field of Compulsory Licensing
Photo: freepik.com 05.04.2024 539

The interdepartmental commission will make decisions on the use of results of intellectual work without the consent of their foreign patent holders, RBC reports.

The Russian authorities will create a new body in the field of compulsory licensing. This is a subcommission on the use of inventions, utility models and industrial designs under the government commission for economic development and integration.

In February, the Russian president instructed to create such a commission in order to "ensure economic security" and determine the rules of its work.

According to RBC, the decree has been agreed upon by the government. The press service of the Ministry of Economic Development also confirmed that such work is under way.

The subcommittee will have the right to issue authorizations for the use of foreign intellectual property products without the consent of patent holders.

This will only take place at the request of companies in which the state or Russian citizens directly or indirectly own a stake of 75% or more, provided that all necessary procedures are followed, such as receiving a refusal from the patent owner or failing to respond to it within the established deadlines.

Patent owners who will be subject to such a decision will be notified of it in the "shortest possible time" and will receive "commensurate compensation," the document says. Meanwhile, those patent holders who refused to grant the right to use due to Western sanctions will receive such reimbursements in a special "O" account.

The subcommittee will be headed by the Minister of Economic Development, and his deputy will be another representative of the Ministry of Economic Development. The commission will also include representatives of the Ministry of Industry and Trade, FAS, Federal Service for Intellectual Property (Rospatent)  — in a position not lower than deputy head, and officials of specialized agencies may be invited to the meetings as necessary.

In 2022, against the backdrop of Western sanctions and the departure of many foreign companies, Russia introduced parallel imports mechanism, which allows the supply of goods into the country without the consent of right holders (previously it was prohibited). In particular, the regime applies to the import of weapons, heating boilers and nuclear reactors, furniture, vehicles, clothing, footwear, and electronics.

Source: RBC

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