Russia is set to establish a special commission tasked with issuing permissions for the use of foreign intellectual property without the consent of rights holders, reports RBC citing official documents. The necessity for such a mechanism arises from sanctions that have led many companies to cease official cooperation with Russia.
The creation of a body for "compulsory licensing" was instructed by President Vladimir Putin in February, and the matter is currently in the developmental stage. According to RBC, this entails the formation of a sub-commission under the governmental commission for economic development and integration, specifically focusing on the use of inventions, utility models, and industrial designs.
The Ministry of Economic Development comments that the need for such a commission is driven by considerations of the country's economic security amid sanctions. The sub-commission will grant permissions for the use of foreign intellectual property without the consent of patent holders. It is emphasized that such procedures will occur under exceptional circumstances and subject to certain requirements: the state or citizens must directly or indirectly own at least 75% of the shares, and there should be either refusal from the patent holder or no response within the specified timeframe.
According to the document, patent holders in situations of "compulsory licensing" will receive "appropriate compensation." As per the calculation methodology, this compensation amounts to 0.5% of the actual revenue generated by the company from goods or services produced through the use of the invention. In 2022, after the introduction of parallel import mechanisms, the state nullified compensation for rights holders; however, it has now decided to revert to these measures.
It is anticipated that this mechanism will primarily apply to highly scientific objects of intellectual property that cannot be quickly developed within the country, such as microelectronics components, pharmacological compounds, etc.
Source: RBC
