Russia will soon have a structure responsible for restricting intellectual property rights in order to protect public interests and ensure national security.
A subcommission on the use of innovations, utility models and design patents will be established under the government commission for economic development and integration. This subcommission will be responsible for issuing permits on the use of the aforementioned foreign intellectual property items without the consent of the patent holders.
Only a company in which the Russia or its citizens hold a stake of 75% or more may submit such a request. In order to obtain a permit, a refusal from the original patent holder or the absence of their response within the established time limit is also necessary. It is reported that foreign patent holders will be notified of the permit issued by the subcommission in a timely manner, and they will also be able to receive "reasonable compensation".
It is most likely that such a mechanism will be introduced to ensure that Russian manufacturers are able to use necessary science-driven intellectual property items, such as semiconductors, microelectronics and pharmacological entities, given that prototypes of such products may take decades to duplicate. Vasily Osmakov, deputy head of the Ministry of Industry and Trade of Russia, is convinced that the functioning of such subcommission will enable Russia to achieve technological sovereignty, because that way the Russian industry will have "a simple and clear mechanism of protection against the risks of supplies termination and dismissal of licenses by foreign right holders".
TKM International Consulting wants to notify foreign right holders about the mechanism of compulsory licensing, which provides local manufacturers with the right to use patents owned by persons who have left the Russian market. In the meantime, the foreign patent holders are completely deprived of the opportunity to determine the amount and form of remuneration payment. TKM responds to changes in Russian legislation and we inform our readers on the possible risks associated with regulatory tightening.
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A subcommission on the use of innovations, utility models and design patents will be established under the government commission for economic development and integration. This subcommission will be responsible for issuing permits on the use of the aforementioned foreign intellectual property items without the consent of the patent holders.
Only a company in which the Russia or its citizens hold a stake of 75% or more may submit such a request. In order to obtain a permit, a refusal from the original patent holder or the absence of their response within the established time limit is also necessary. It is reported that foreign patent holders will be notified of the permit issued by the subcommission in a timely manner, and they will also be able to receive "reasonable compensation".
It is most likely that such a mechanism will be introduced to ensure that Russian manufacturers are able to use necessary science-driven intellectual property items, such as semiconductors, microelectronics and pharmacological entities, given that prototypes of such products may take decades to duplicate. Vasily Osmakov, deputy head of the Ministry of Industry and Trade of Russia, is convinced that the functioning of such subcommission will enable Russia to achieve technological sovereignty, because that way the Russian industry will have "a simple and clear mechanism of protection against the risks of supplies termination and dismissal of licenses by foreign right holders".
TKM International Consulting wants to notify foreign right holders about the mechanism of compulsory licensing, which provides local manufacturers with the right to use patents owned by persons who have left the Russian market. In the meantime, the foreign patent holders are completely deprived of the opportunity to determine the amount and form of remuneration payment. TKM responds to changes in Russian legislation and we inform our readers on the possible risks associated with regulatory tightening.
Subscribe to our channesl and stay up to date on intellectual property protection news!
Our LinkedIn: https://www.linkedin.com/company/14022113/
Our Telegram: https://t.me/TKMicWorldwide