Open AccessConditions for Granting Compulsory License for Dependent Invention Use
Author(s) -
Maria M Puchinina
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.132.11.117-132
Subject(s) - license , legislation , paragraph , order (exchange) , enforcement , law , russian federation , balance (ability) , sanctions , norm (philosophy) , business , trips architecture , law and economics , civil code , political science , waiver , engineering , economics , medicine , transport engineering , finance , physical medicine and rehabilitation , economic policy
The paper deals with the institution of compulsory licensing for dependent inventions. Currently, its most important application is in the pharmaceutical industry. In order to launch generic drugs that are dependent inventions pharmaceutical companies have to enter into licensing agreements with the developers of original drugs. The law enforcement practice that began in 2018 in the Russian Federation showed that paragraph 2 of Art. 1362 of the Civil Code of the Russian Federation, which establishes the conditions for granting a compulsory license for the use of a dependent invention, needs to be harmonized and supplemented in order to protect and regulate the balance of private and public interests. To solve this problem, the author analyses the wording of the corresponding legal norm found in international agreements, in particular in the TRIPS Agreement, and in the national legislation of different countries as well as the effectiveness of its application. Based on the results of the study, possible clarifications are given to the conditions for granting a compulsory license for the use of a dependent invention under paragraph 2 of Art. 1362 of the Civil Code of the Russian Federation.