Принудительное лицензирование: в поисках баланса интересов
Compulsory licensing was created to fight the monopoly of the patentee of an invention used in products of special public importance, primarily medicines. Since 2018, Russia has also been confronted with this institution. And a problem has already emerged: the emerging judicial practice allows a compulsory license to the originator's patent to any company that has registered a dependent invention, even if the owner of the first patent fully satisfied the market need for the necessary drug. The experience of the United States and Germany will help find the optimal regulation in such cases.