The FAS has proposed a mechanism of forced transfer of licenses for inventions – RBC

Photo: Oleg Yakovlev / RBC

The FAS It has developed a mechanism that will allow the force to transfer the license for inventions. A similar scheme want to apply if the proprietor of the patent limits the production and creates a shortage on the market

The Federal Antimonopoly Service has prepared amendments to the Civil Code, which legalized the forced transfer of licenses for the use of inventions. The FAS representative told “Vedomosti” that the project will soon be published, the newspaper was able to view a copy of the document.

The forced transfer of patents concern the pravoobladaetley that limit the production and create a shortage in the market, it said in a memorandum. FAS noted that the owners of patents often refuse from the production or supply of socially essential goods such as medicines.

According to the proposals, the government will be able to organize the sale of a license by a court decision. The court may seek the FAS or the company, which is ready to produce the goods, but the franchisor refuses to sell her patent.

In the service of the stress that the initiative does not contradict international norms. Thus, the TRIPS Agreement allows the use of the patent object without the consent of the owner, if permitted by the national member of the WTO legislation.

Deputy Head of FAS Sergey Puzyrevsky explained that under the amendments can enter any product whose manufacturer is monopolist. Participating in the discussion Advisor “Egorov, Puginsky, Afanasiev and Partners” initiative Denis Gavrilov noted that, in the case of a positive decision of the court, the license will be repurchased at market conditions and for a limited time.