Pharma patent owners in Russia can breathe a sigh of relief

In Russia, pharma patents account for a large share of patent portfolios. In 2015 the government considered a draft bill on compulsory licensing of patented medicines, writes Vladimir Biriulin of law firm Gorodissky & Partners on the International Law Office site.

The bill was initiated by the Federal Anti-monopoly Service (FAS), known for its "unusual" initiatives. The proposal suggested that pharmaceuticals could be manufactured without the patent owner's approval if the patent owner does not sell them in Russia or if their price is prohibitively high. The FAS noted that compulsory licensing would be used in keeping with World Trade Organization rules.

The FAS move to introduce compulsory licensing was supported by a number of non-commercial organizations and generic drug companies involved in the treatment of AIDS. The proposal was sent to a number of government agencies, including the Ministry of Health and the Ministry of Trade and Industry.