Senators Andrei Kutepov and Yuri Fedorov have introduced a new bill to the State Duma, proposing the introduction of judicial coercion to issue licenses for the use of inventions and patents of foreign companies that have left the Russian market. The aim of this step is to remove obstacles for Russian companies who are unable to utilize equipment and technologies protected by foreign patents. The document has been made public in the electronic database of the State Duma.
The bill outlines the opportunity for licensists to seek court intervention against patent holders in order to obtain a forced simple (non-exclusive) license. This would apply to the use of inventions, utility models, or industrial designs in Russia in accordance with the provisions of Article 1362 of the Civil Code of the Russian Federation. The explanatory note specifies that such licenses would be granted under certain conditions.
One of the key conditions includes the involvement of the patent holder with states that are hostile towards Russia, its entities, and individuals. This could pertain to the patent holder’s nationality, place of registration, business operations, or profits. A forced license could also be issued if the patent holder unilaterally refuses to execute a license agreement or creates obstacles that hinder the licensee from fully utilizing the patent. The note emphasizes that such actions could result in restricted access to essential technologies or products related to patents on the Russian market.
The Senators highlight that following the exit of Western patent holders from the Russian market, numerous companies have encountered difficulties as they are unable to use the remaining equipment and technologies without licenses protected by foreign patents. These limitations disrupt technological chains and impede production processes. The bill presents a solution: if a foreign patent holder refuses to operate in the Russian market, Russian companies will be permitted to utilize these patents without the copyright holder’s consent, but with the payment of compensation.
The document also reminds that in line with the current Article 1362 of the Civil Code of the Russian Federation, interested parties have the right to apply for a compulsory license if a patent for an invention or industrial design remains unused or insufficiently used for four years, and for a utility model within three years from the issuance of the patent.