The FAS suggested that the mechanism of compulsory transfer of licenses for inventions


The Federal anti-monopoly service has prepared amendments to the Civil code that would legalize the compulsory transfer of licenses to use the inventions. The representative of the FAS said “Vedomosti” that the project will soon be published, the newspaper managed to find a copy of the document.

The forced transfer of patents will affect the right-holders that limit production and create scarcity in the market, stated in the explanatory Memorandum. In the FAS noted that patent owners often refuse the production or supply of socially necessary goods such as medicines.

Under the proposals, the state will have the opportunity to organize the sale of the license by the court. The court may ask the FAS or company that is willing to produce the goods, but the copyright holder refuses to sell her patent.

In service emphasize that the initiative is not contrary to international norms. Thus, the agreement on trade-related aspects of intellectual property rights allows you to use the object of a patent without the consent of the owner, if national legislation permits a WTO member.

Deputy head of FAS Sergey puzyrevsky has explained that under the amendments can be applied to any product, the manufacturer is a monopolist. Participating in the discussion initiatives Advisor “Egorov, Puginsky, Afanasiev and partners” Denis Gavrilov noted that in the case of a positive court decision, the license shall be purchased at market conditions and for a limited time.