Intellectual Property as a Legal Mechanism Accompanying the Fight against the Pandemic in the context of the Spread of Coronavirus Infection (COVID-19)

The paper examines the legal problems of protection and use of intellectual property in the context of fighting the pandemic. It is noted that the recommendations proposed by the World Health Organization to identify, diagnose and isolate, as well as to provide assistance to patients with suspected coronavirus infection in a pandemic can be effectively implemented only with proper legal regulation of the protection of intellectual property rights to the relevant results of intellectual activity, stimulating relevant developments while maintaining a balance between private and public interests. The paper examines the modernization of Russian legislation in the sphere of relations under consideration. Of vital importance are developments related to medicines and medical devices in preventing and overcoming the consequences of the spread of infectious diseases; flexibility of the legislator and the need to implement special-simplified, accelerated-legal regimes for the introduction of medicines and medical devices into trade. The author summarizes regulations at the interface of the legislation on circulation of medicines and intellectual property law in Russia and abroad (USA, Germany), as well as at the supranational level (EAEC). In modern conditions, the possible rapid spread of viral infections and pandemic threats it is essential to establish the legal basis for the balance between the public interest and the interests of patent holders in national legislations, based on a harmonizing international treaty provisions. The authors considers the restriction of patent rights in the extreme urgency with the obligatory non-exclusive and temporary nature of the use of objects of patent rights by a third party based on such restrictions and the mandatory payment of a just compensation to patent holders together with accelerated and simplified mechanisms for registration and introduction into the turnover of the relevant medicines, including vaccines, be a justified and necessary tool to combat the pandemic and the best means of overcoming its consequences.

1. Zarubinskiy GM. Nekotorye voprosy pravovoy okhrany lekarstvennykh sredstv v Rossiyskoy Federatsii (Ch. I) [Some issues of legal protection of medicines in the Russian Federation (part I)]. Remedium. 2006;2. (In Russ.)

2. Pilicheva AP. Lekarstvennye sredstva kak obekty patentnykh prav : dis. ... kand. yurid. nauk [Medicinal products as objects of patent rights: Can/ Sci/ (Law) Thesis]. Moscow; 2015. (In Russ.)

3. Pirogova VV. Prinuditelnye litsenzii v Soglashenii o torgovykh aspektakh prav intellektualnoy sobstvennosti (st. 28, 30, 31 TRIPS), 2012 g. [Compulsory licenses in the Agreement on Trade-Related Aspects of Intellectual Property Rights (articles 28, 30, 31 of TRIPS), 2012]. Legal reference system "Konsultant Plus:" [Electronic resource]. «KonsultantPlus». (In Russ.)

4. Prikhodko MA. Problemy pravovoy okhrany lekarstvennykh sredstv kak obekta patentnykh prav [Problems of legal protection of medicines as an object of patent rights]. Voprosy ekonomiki i prava [Economics and Law Issues]. 2017;7. (In Russ.)

5. Radchenko T, Kovaleva E, Malykh S, Volkov A, Gerasimova E. Prinuditelnoe litsenzirovanie: zarubezhnyy opyt [Compulsory licensing: foreign experience]. Byulleten o razvitii konkurentsii. 2017;20. (In Russ.)

6. Khokhlova VV. Nekotorye voprosy pravovoy okhrany referentnykh lekarstvennykh preparatov [Some questions of legal protection of reference medicines]. Zhurnal Suda po intellektualnym pravam [Intellectual Property Rights Court]. 2016;11. (In Russ.)

7. Lavenue LM. Patent Infringement Against the United States and Government Contractors Under 28 U.S.C. § 1498(a) in the United States. Court of Federal Claims. Journal of Intellectual Property Law. 1995;2:389. (In Eng.)