Calculation of compensation when producing patented drugs for export without patent owner’s consent

On October 18, 2021, the Government of the Russian Federation approved the methodology developed by the Federal Antimonopoly Service for calculating the amount of compensation payable to a Russian patent owner for producing generic medicines intended for export to other countries in accordance with the Article 1360.1 of the Civil Code without the patent owner’s consent. The corresponding government decree No 1767 entered into force on October 28, 2021.

According to Article 1360.1 of the Civil Code the Russian Government may allow to use a patented invention for the production of a medicinal product by any party for export purposes under certain specific circumstances without the consent of the patent owner with the requirement of immediate notification of the patent owner and payment of the proportionate compensation for such a use, as we informed earlier here.

The amount of compensation is 0.5% of the manufacturer’s actual revenue, which has exercised the right to use an invention, utility model or industrial design without the consent of the patent owner. The compensation is supposed to be annually paid during the period of validity of the corresponding government decision.

To date, no such authorization has been issued. We will follow up on the development of practice on this matter.

Should you have any questions in this regard or need additional information please do not hesitate to contact PATENTICA’s patent attorneys at  info@patentica.com.

pat

Recent Posts

Protect your brand in Russia & EAEU: why IP registration cannot wait

The recent changes to Russia's intellectual property laws have made it more important than ever…

1 день ago

Eurasian Patent Office reports strong growth in first half of 2025, cementing its position as a leading regional IP hub

The Eurasian Patent Office (EAPO) has demonstrated remarkable progress in the first six months of…

3 дня ago

Court Rules Distributor’s Trademark Registration as Unfair Competition

The Intellectual Property Court recognized that a distributor’s seizure of a foreign trademark constituted unfair…

3 недели ago

Patentica attended the 2025 INTA Annual Meeting

Patentica is grateful for the opportunity to join INTA 2025 Annual Meeting—the world’s premier intellectual…

4 недели ago

EAPO expands its presence as an International Searching Authority and International Preliminary Examining Authority (IPEA)

The Republic of Kazakhstan has officially recognized the Eurasian Patent Organization (EAPO) as an International…

2 месяца ago

The dispute lost over the registration of the “Milk Wave’s” trademark

Rospatent refused registration of the trademark “Milk Wave’s” (Russian trademark application No. 2022775326) submitted by the…

2 месяца ago