Licensing of pharmaceutical patents for the manufacture and sale of medicines within Eurasian Economic Union (EAEU)

Client “FARMENTERPRISES,” LLC (Russia)

Description

“FARMENTERPRISES,” LLC (Client) specializes in the research and development of innovative medicines aimed at, among other things, the treatment of asthma, chronic obstructive pulmonary disease (COPD), atopic dermatitis, psoriasis. In particular, the Client is the owner of a portfolio of Russian and Eurasian patents under Nos. 2562773, 2562773, 2610274, 2552929, 2552929, 033054, 031392, 030961, 118687, 2610275. These patents have been granted legal protection for the corresponding inventions (products and methods) on the territory of Russia and other EAEU member states.

In order to develop medical products in the Eurasian zone, the Client has granted several licenses to Hemmimune Therapeutics, LLC (Russia) and AtD Therapeutics, LLC (Russia) (Licensees). The Client turned to us as specialists in the field of licensing in the field of pharmaceutical technologies for the management and implementation of this licensing project at the EAEU-level.

Solution

Lawyers and patent attorneys of our firm, together with local patent attorneys, reviewed patent rights and related objects that were the subject matter of transactions, analyzed patent license agreements, prepared applications (notifications) for registration of patent licenses in all relevant EAEU countries and subsequently ensured the official registration of patent licenses in the Patent Offices of Russia, Belarus, Kazakhstan and other EAEU member states. As part of this project, the firm's specialists (together with local patent attorneys) managed to register two exclusive patent licenses for the same patent in several countries where it was possible, pursuant to main parameters of transactions with Licensees. Lawyers and patent attorneys also provided other legal advice on the implementation of this licensing project in the interest of the Client. It took about a year to resolve all legal and patent issues on the project at issue and its implementation.

Result

As a result of joint efforts of lawyers and patent attorneys of our firm and local patent attorneys, all licensing transactions were duly registered in each EAEU jurisdiction, patent licenses entered into force for the parties and third parties, and the project was completed in a positive way finally.