Unification and Modernization of Legal Mechanisms of Unlicensed (Non-Contractual) Patent Protected Object in Healthcare
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Unification and Modernization of Legal Mechanisms of Unlicensed (Non-Contractual) Patent Protected Object in Healthcare
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Aleksander Latyntsev 
Occupation: Cand. Sci. (Law), Doctoral Candidate, ILCL; Director, Science Research Institute of Legal and Integrated Studies
Affiliation: Science Research Institute of Legal and Integrated Studies, Moscow, Russia
Pages
81-92
Abstract

Healthcare products are of high social importance, therefore, abuse of exclusive rights or their inefficient use should not be allowed to lead to problems of accessibility of these goods. Possible abuses by foreign patent holders who refuse to localize production or supply socially necessary products to Russia pose a particular threat. In this regard, effective and sufficient legal mechanisms are needed to ensure the accessibility, in particular, of innovative medicines and medical devices for Russian citizens. The purpose of the study is to analyze the effectiveness and completeness of the currently used elements of legal mechanisms for the unlicensed (non-contractual) use of patent protection objects without the consent of copyright holders in the field of healthcare, as well as to develop proposals for their modernization. A wide range of general scientific and special methods of cognition were used in the research process. The analysis of normative sources and methodological documents in the field under study was carried out, followed by the concretization and systematization of the necessary legal tools. The results of the study. A number of directions for the modernization of legal mechanisms for the unlicensed (non-contractual) use of patent protection objects without the consent of copyright holders are specified and justified in order to increase the efficiency of their use, in particular, to ensure the availability of innovative medicines and medical devices. Special attention is paid to the need to eliminate the identified gaps in the current Russian legislation, in particular, related to the lack of state registration in Rospatent of information on the unlicensed (non-contractual) use of patent protection objects without the consent of the copyright holders.

Keywords
patents, the results of intellectual activities, compulsory licensing, unlicensed use of patented objects, use of inventions without the consent of patent holders, public interests, balance between private and public interests, gaps in legislation, availability of medicines, availability of medical devices
Date of publication
28.10.2024
Number of purchasers
1
Views
16
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

1. Latyntsev A. V. Differences between the Legal Nature of Compulsory Licensing and the Legal Nature of the Reimbursable Unlicensed Use of Patent Protection Objects. Journal of Russian Law, 2023, vol. 27, no. 3, pp. 56—68. (In Russ.) DOI: 10.12737/jrp.2023.029. 
2. Sinitsyn S. A. Comparative Patent Law: Actual Problems. Moscow, 2022. 416 p. (In Russ.)

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