LIFE SCIENCES IN RUSSIA
A CHANGING LANDSCAPE: LIFE SCIENCES IN RUSSIA
Russia’s life sciences industry is growing rapidly, say
Vadim Chagin and Maria Nilova.
In Russia, IP rights are regulated by the Civil Code of
the Russian Federation (CCRF), and
also subject to other legal provisions, such as the Law on Protection of Competition, Customs Code, Criminal Code, and others that form the legislative basis for the enforcement of IP rights. T e Federal Law on Drug Circulation is oſt en cited in pharmaceutical court cases when establishing the presence or absence of patent and trademark infringement.
Although the patent legislation in Russia is, in general, pro-patentee, in view of 80 percent of the commercial pharmacy market consisting
56 Life Sciences Intellectual Property Review 2012
of generics, the important question for many manufacturers would be the adoption of a ‘Bolar provision’, enabling them to start a lengthy market authorisation procedure before expiration of a patent. Changes to the Federal Law on Drug Circulation in 2010 have made such a provision possible.
According to CCRF, a patent for a product
such as drug is infringed if the patented drug is manufactured, sold, off ered for sale, imported or otherwise introduced into civil circulation. While scientifi c research in respect of a patented drug is excluded from infringing actions, it is not
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