Vadim Kukava, Executive Director of the INFARMA Association, expressed his concern about the current situation with the protection of patent rights in Russia while moderating the session «Protection of intellectual property — a key element of successful development of innovations and a guarantee of investment security» within the framework of the International Eurasian Pharmaceutical Forum currently taking place in the capital of Kazakhstan. He complained that the initiative to create a patent registry in Russia did not find support, and the corresponding bill was never considered, the issue of protecting clinical trial data was not worked out, and precedents of applying the compulsory licensing procedure are worrying.

The head of INFARMA was opposed by the Chairman of the Public Council under the Federal Service for Surveillance in Healthcare (Roszdravnadzor), General Director of ARPM Viсtor Dmitriev. He did not agree that the situation with the protection of patent rights in Russia is negative, noting, first of all, that domestic legislation in this area was brought into line with the requirements of the World Trade Organization upon Russia’s accession to the WTO. Discussions are underway around law enforcement practice.

The speaker reminded the audience that intellectual property rights are one of the key elements that ensure the healthy functioning of the country’s economy and the scientific, technical and technological development of the state. And the key point is the moment of patent law violation. According to Dmitriev, this is the moment of introducing the drug into commercial circulation. Import of raw materials, clinical trials, registration of the drug, etc. are only preparatory measures and do not threaten the patent.

At the same time, the interests of patients should always be put first. In fact, all countries today have a norm in their legislation that allows, in emergency cases, in cases of a threat to national security, to introduce a compulsory licensing procedure, and Russia is no exception. Such measures help to guarantee the preservation of the health and life of citizens, based on whose interests the state acts. «We have a balanced patent legislation. Any regulatory innovations should not create problems for either patent holders or manufacturers of generic drugs. The patient and his health should be the priority,» Dmitriev noted.

Let us recall that the Eurasian Pharmaceutical Forum is being held for the 15th time. This platform provides an opportunity to objectively assess the state of the pharmaceutical market, openly discuss current problems and develop the most effective solutions.