Legal regulation of compulsory licensing of inventions and some aspects of enforcement in the field of pharmaceuticals

Abstract

The article considers the issues of legal regulation of compulsory licensing of inventions in international, regional and Russian legislation. Granting exclusive rights, the state, in order to optimise the functioning of the institution of patenting, simultaneously establishes both the limits of their exercise and  the possibilities of their restriction. At the same time, Articles 1239, 1360 and 1362 of the Civil Code define the limitations of exclusive rights when the use of objects of patent rights is allowed without the consent of the right holders. The examples of the implementation of the mechanism of compulsory licensing show how, in emergency situations, the state exercises the power to restrict exclusive rights in cases where the use of objects of patent rights is allowed without the consent of the right holders. There is no reason to believe that compulsory licensing procedures provided for by Articles 1360 and 1362 of the Civil Code may lead to the destruction of the institution of patenting. As a result of the enforcement of the current rules, the monopoly position of patent holders has been eliminated and the population of the country as a whole, as well as certain groups of patients, are provided with vital essential medicines. At the same time, the interest of patent holders in intensifying negotiations on price reductions and resumption of supplies of medicines has increased.