“Remdesivir”: Decision of the Supreme Court of the Russian Federation 27 May 2021 – Case No. АКПИ21-303

1. Article 55, part 3 of the Constitution of the Russian Federation provides for the possibility of restricting rights and freedoms (here patent rights) to the extent necessary for the protection of the foundations of the constitutional order, morality, health, the rights and lawful interests of other people, and for ensuring defence of the country and security of the state. 2. According to Art. 1360 of the Civil Code of the Russian Federation (as amended by Federal Law No. 107-ФЗ of 30 April 2021), the Government of the Russian Federation has the right, in case of emergency related to ensuring the defence and security of the state, and the protection of citizens’ life and health (here due to the COVID-19 pandemic), to decide on utilising an invention, utility model or industrial design without the consent of the patent holder, notifying it of this as soon as possible and paying it proportionate compensation. 3. The amendment by Federal Law No. 107-ФЗ of 30 April 2021 of Art. 1360 of the Civil Code of the Russian Federation by stating that it applies additionally for the purpose of protecting the life and health of citizens, in essence, did not change its previous semantic content. 4. The provisions of Art. 1360 of the Civil Code of the Russian Federation correspond to the provisions of Art. 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (concluded in Marrakesh on 15 April 1994) and are consistent with the Siracusa Principles.