Compulsory Licensing: Prospects Amid Sanctions

Compulsory Licensing: Prospects Amid Sanctions

Newly adopted regulatory legal acts raised the question of the future licences and possible application of the compulsory licensing rules.

In Russia, the compulsory licensing principles used to be applicable (Articles 1239, 1360, 1362, 1423 of the Civil Code of the Russian Federation, hereinafter referred to as the "CCRF")1 , however, they were subject to legal proceedings with possible payment of compensation to the rightholder.

Thus, on 8 March 2022, Federal Law No. 46-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” came into effect. As per Paragraph 13, Article 18, the Government of the Russian Federation gained the authority to revise the list of goods (groups of goods) which may not be subject to certain provisions of the Civil Code of the Russian Federation in 2022 regarding the protection of exclusive rights to theresults of intellectual activity expressed in such goods, and the identification means that label such goods.

Additionally, Resolution of the Government of the Russian Federation dated 6 March 2022 No. 299 amended the methodology to calculate the compensation payable to the patent holder when deciding to use the invention without his or her consent. Now, the amount payable to patent holders residing in unfriendly countries is 0 percent of the actual proceeds from production and sale of goods, performance of works and provision of services if the relevant inventions, utility models or industrial designs are used for this purpose. The list of unfriendly countries might change depending on the current political situation. 

Anzhelika Reshetnikova, head of the Intellectual Property practice, analyzed the regulatory documents and shared her forecasts and recommendations for businesses in a review at the link.