Edited by Frederick M. Abbott, Carlos M. Correa and Peter Drahos
Chapter 11: Russian trip to the TRIPS: Patent protection, innovation promotion and public health
The end of 2011 was marked by the long-awaited approval of the Russian Federation’s accession to the World Trade Organization (WTO), which means it is now bound by the covered agreements, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Although recognition and protection of intellectual property was not new to the Russian legal system, during the negotiations of accession conditions, Russia significantly changed its legislation on intellectual property protection, including patent legislation. At the beginning of 2012 amendments to the Chinese patent legislation and a decision of the Indian Patent Office led to a number of reactions by various stakeholders on compulsory licensing as a part of the TRIPS flexibilities. In this light this chapter firstly aims to analyze how the WTO accession affected patent protection in Russia and secondly, whether Russia would pursue a favorable approach towards compulsory licensing and make use of it following the practice of most of its BRICS partners (Brazil, South Africa, India and China) or choose its own way by encouraging local production drugs and promoting R & D in pharmaceutical sector. This chapter starts with a brief overview of the patent protection regime in Russia, including a historical perspective and an introduction to the current situation in light of Russia’s accession to the WTO. Further, it offers a brief presentation of the patent-related issues addressed in the accession process.
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