Medicines and medical devices are high value products. Patent holders should not abuse or use inefficiently their rights so that could lead to accessibility problems of these products. Effective and sufficient legal mechanisms, aimed at ensuring accessibility, particularly of innovative medicines and medical products, are needed.
The purpose of this study is the effectiveness and completeness analysis of the current elements of non-contractual use of patent protected objects without the right holders’ consent in healthcare, as well as proposals for their modernization.
The research process used a wide range of general scientific and special learning methods. Thus, analysis of normative sources and methodological documents in the research sphere with the subsequent specification and systematization of the necessary legal instruments was carried out.
As a result of the conducted work, some directions for modernization of legal mechanisms for non-contractual use of the objects of patent protection without the right holders’ consent to improve their use were specified and substantiated. Special attention is paid to the need to address the identified gaps in the current Russian legislation, in particular, due to the lack of state registration of information about the non-contractual use of the object of patent protection without the right holders’ consent in the Russian Patent Registry. |