Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Patents
11.
Antitrust
11.1
Are there any limits on patent protection due to antitrust laws?
 
Russian Federation
In theory, abuse of right may be invoked; however, in practice, such cases are not known.

If an invention, without good reason, is not used or is insufficiently used for four years (three years for a utility model), leading to insufficient supply of the respective goods on the Russian market, a non-exclusive compulsory licence may be granted by court decision if the patent holder refuses to grant a licence on generally accepted terms.

In addition, if a patent holder cannot exploit its patent without infringing the rights of another patent owner which refuses to grant a licence on generally accepted terms, it may initiate a court action against the owner of the other patent to seek a compulsory non-exclusive licence to that other patent, provided that its own invention represents an important technical achievement and has significant economic advantages over the invention of the owner of that other patent.

The terms and conditions of a compulsory licence are determined by the court. The total amount of payment for such a licence shall be established in the court decision and will be no less than that for other licences in comparable circumstances.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
 
Russian Federation
In theory, abuse of right may be invoked; however, in practice, such cases are not known.

If an invention, without good reason, is not used or is insufficiently used for four years (three years for a utility model), leading to insufficient supply of the respective goods on the Russian market, a non-exclusive compulsory licence may be granted by court decision if the patent holder refuses to grant a licence on generally accepted terms.

In addition, if a patent holder cannot exploit its patent without infringing the rights of another patent owner which refuses to grant a licence on generally accepted terms, it may initiate a court action against the owner of the other patent to seek a compulsory non-exclusive licence to that other patent, provided that its own invention represents an important technical achievement and has significant economic advantages over the invention of the owner of that other patent.

The terms and conditions of a compulsory licence are determined by the court. The total amount of payment for such a licence shall be established in the court decision and will be no less than that for other licences in comparable circumstances.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners