28.01.2022

On January 26, 2022 the AEB Intellectual Property Rights Committee chaired by Anton Bankovsky, partner of CMS Russia, together with AEB Health and Pharmaceuticals Committee chaired by Yana Kotukhova, Director for Government Relations and External Communications for the EAEU countries of Servier, held an open event titled “Patent rights protection issues for pharmaceuticals manufacturers”.

Invited representatives of the Russian authorities - Georgy Kotlyar, Deputy Director of the Department for Strategic Development and Innovation, Ministry of Economic Development of Russia, and Dmitry Travnikov, Director for the Provision of State Services of the Federal Service for Intellectual Property of Rospatent, comprehensively discussed with the AEB experts the status and development prospects of the draft law on the formation of a unified register of active pharmacological agents and substances protected by a patent for an invention.

Nurzhamal Ilyasova, Acting Director of the EEC Business Development Department, shared her vision of protecting patent rights within the EAEU. She noted that the EEC member states did not support the creation of the registry.

Dmitry Zaitsev, member of the Association of Pharmaceutical Manufacturers of the EAEU shared with the participants the position of the Association on the creation of the register of pharmacologically active drugs.

The event was opened by Tadzio Schilling, CEO of AEB: "To attract investments, bring innovative drugs to the market and increase the accessibility of innovative drugs in Russia it is important to ensure stability and predictability of legislation and efficiency of intellectual property rights protection mechanisms in close dialogue between regulators and socially responsible business".

The meeting discussion was focused on the draft law of the Ministry of Economic Development of Russia and the issues of possible application of patent linkage. The experts also discussed the international experience and wider use of interim measures by the courts.

Yana Kotukhova, Servier shared her vision of the situation on behalf of the international pharmaceutical manufacturers: “The creation of the Register of Active Ingredients with Pharmacological Activity and the preparation of the relevant draft law are undoubtedly important steps towards protecting the intellectual rights of pharmaceutical manufacturers. However, the current version of the bill is limited to including only basic patents in the Register, while several other patents are not covered by it. In addition, now the bill does not contain a mechanism for using information about patents in the Register and can only be applied as part of the adoption of interim measures by the court. We consider it important to continue our joint work with regulators on the concept of the Registry as a full-featured tool that ensures the protection of intellectual property rights and helps to increase the availability of medicines for Russian patients.”

The event participants shared views that the issue of protecting the intellectual rights of pharmaceutical manufacturers is relevant and requires more detailed study. For the development of the pharmaceutical industry, a tool is needed that in practice allows you to protect exclusive rights to inventions and innovations in pharmaceuticals.

“We will look after the further development of this register. We internally refuse to perceive it simply as an information resource ... we would like it to serve to improve the protection of intellectual property. It is necessary to find a balance between protecting the interests of consumers and innovation for them to continue,” Anton Bankovsky, CMS Russia, noted in his speech.

Chairmen of AEB Committees Anton Bankovsky and Yana Kotukhova will continue interaction of AEB experts with the involvement of regulators to form a balanced solution on the issue of protection of intellectual rights of pharmaceutical manufacturers.

Alexey Darkov, Senior Associate at Eversheds Sutherland, Konstantin Panurovsky, Director of Legal Affairs, Russia and Eurasia, AstraZeneca, Tatyana Smirnova, Director of Government Relations and Public Relations, Russia and Eurasia, Sanofi, and Yuri Yakhin, lawyer at Baker McKenzie shared their expertise with the audience.

More than 80 participants took part in the meeting.