RECENT CASE LAW IN RUSSIA ON PATENT TERM EXTENSION FOR LAST GENERATION MEDICINES

marketude Alisa Pestryakova, Intellectual Property, Publications, Russia, Russia Express

Similarly to Regulation (EC) No 469/2009 on supplementary protection certificates for medicines Article 1362 of the Russian Civil Code provides the possibility of obtaining a patent term extension for medicinal products, as a compensation for the reduced duration of the effective term and patent monopoly owing to the need of medical trials and regulatory accomplishments for obtaining the marketing authorisation (“MA”) required to place the medicine on the market. According to Article 1363 of the Civil Code, the extension may last to 5 years, provided the MA is issued more than 5 years after the original patent application date…

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