The use of invention without authorization of patent holder

Early this year there were adopted two laws amending Part IV of the Civil Code. The amendments provide for the unauthorized use of patented inventions.

The Federal Law dated April 30, 2021 amended the wording of Article 1360 of the Civil Code in the interests of national security.

According to the new version of the provision a decision on the use of a patented invention, utility model or industrial design may be taken in case of extreme emergency for the sake of ensuring defense and security of the state, safeguarding life and health of the population. The former wording concerned only defense and security.

The lawmakers believe that the new wording of Article 1360 will compensate the deficiency or absence of patented medicines or medical devices required for protection of life and health of the people. Permission to produce a medicine will be valid for one year.

Also, the law of June 11, 2021 completed Part IV of the Civil Cod with Article 1360.1. The new provision allows production of a patented medicine for the purpose of its export to a country in need of that medicine.

Both laws are enacted in compliance with Articles 31 and 31bis of the TRIPS agreement.

In both cases, production of the medicines shall be accompanied by a notification by the government to the patent owner. The patent owner shall obtain commensurate compensation for the unauthorized use of his invention.