The idea is simple – the state wants to be able to use the invention in certain cases without the consent of the patent owner.
Medicines were taken as the “problem” group. However, the amendment is general in nature and applies to all product groups.
According to article 1360 of the Civil Code of the Russian Federation, the government of the Russian Federation will have the right, in case of emergency related to ensuring the security of the state, protecting the life and health of citizens, to make a decision on the use of an invention, utility model or industrial design without the consent of the patent holder, notifying him of this as soon as possible and with the payment of him proportionate compensation.
In addition, it is proposed to establish that the methodology for determining the amount of compensation and the procedure for its payment are approved by the government of the Russian Federation.
The civilized world has long abandoned this practice, because we are talking about the country’s reputation. In addition, compulsory licensing entails a sharp deterioration in the investment climate. Markets with this practice are preferred by large drug manufacturers to bypass.
And instead of revising the terms of supply and registration, to solve the problem with the requirements for manufacturers to supply drugs at prices below the cost price, because they are on the list of vital and necessary – the deputies of the State Duma of Russia legalized piracy.