In Russia, a new body in the field of "compulsory licensing" will appear by government decree. The subcommittee on inventions under the government commission on economic development will include representatives from the Ministry of Economic Development, the Ministry of Industry and Trade, the Federal Antimonopoly Service, and Rospatent.
What will the commission do?
Its members will issue permits for the use of foreign intellectual property without the consent of foreign patent holders. The commission will consider applications from companies in which state bodies or Russian citizens own a share of 75% or more, provided that the patent holder has refused to allow the use of rights to their invention or has not responded to the request within a month.
How does "compulsory licensing" work?
The Ministry of Economic Development stated that the need for this type of licensing is dictated by ensuring Russia's economic security.
"In conditions where companies from unfriendly countries have left the Russian Federation, in some cases permission is required to use inventions, utility models, and industrial designs."
It is noted that if a company receives permission to use intellectual property rights to an invention, the patent holders will receive a notification. They will be paid "commensurate compensation."
The terms of "compulsory licensing" are stipulated within the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO). Russia has been a member of the organization since 2013.
It is expected that this licensing mechanism will be applied to technologies for the production of electronics, pharmaceuticals, and other knowledge-intensive industries.
