Possible Directions for Improving Legal Mechanisms for the Use of Foreign Patent-protected Objects to Facilitate Import Substitution

In the context of the imperative to intensify import substitution of innovative products, particularly in socially significant sectors, lawful utilization by Russian organizations of unused or insufficiently exploited within the Russian Federation foreign inventions, utility models, and industrial designs without the consent of patent holders, provided that they are notified and compensated in accordance with the procedures established by law, plays a crucial role. However, existing Russian legislation lacks sufficiently precise legal mechanisms to facilitate this process. Of particular importance is the urgent need for substantial modernization of the legal framework governing the use of patent-protected objects without the consent of patent holders in the interest of national security, as stipulated in Article 1360 of the Civil Code of the Russian Federation. Based on a comprehensive analysis of both domestic and international practices in the legal regulation of patent relations, and taking into account Russia’s international obligations, the author makes proposals to reform this legal provision in order to accelerate import substitution processes. Specifically, it is proposed to introduce a model whereby lists of inventions, utility models, and industrial designs that are unused or underutilized within the Russian Federation would be compiled and published. Following such publication, any interested Russian organization meeting the general threshold would be able to submit applications for the use of the intellectual property results included in these lists. This model appears to be a more effective and optimal solution to the challenges Russia faces in achieving comprehensive and large-scale import substitution aimed at securing national technological sovereignty.

1. Chernichkina GN. About the common meaning of the term «compensation» used in the fourth part of Civil Code of the Russian Federation. Sovremennoe pravo [Modern Law]. 2016;7:72-79. (In Russ.).

2. Latyntsev AV. Consideration of accessibility criteria when limiting exclusive rights of patent holders on the example of health care. Journal of Russian Law. 2024;2:55-65. (In Russ.).

3. Ruzakova OA, Pirogov AI. Compensation and Losses: Ratio of Institutions. Patents and Licenses. Intellectual Property Rights. 2019;1:13-20. (In Russ.).