Answer ... 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.

Answer ... 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.