The team of «A.Zalesov & Partners» Patent & Law Firm submitted proposals to the patent holder to grant the client (a Russian pharmaceutical company) a license to use patents of a foreign entity. Having received a refusal, the lawyers of «A.Zalesov & Partners» prepared and filed a lawsuit demanding that the patent holder grants a compulsory license to use several patents protecting compounds and pharmaceutical compositions for the treatment of chronic viral hepatitis C, based on paragraph 1 of Article 1362 of the Civil Code of the Russian Federation.
The arguments were based on the patent holder's insufficient use of the disputed patents, which resulted in an insufficient supply of the relevant products, which are classified as vital and essential medications, on the market, thereby preventing a significant number of patients from receiving the necessary treatment.
During the dispute, the patent holder claimed that insufficient use had not been proven and presented numerous documents confirming the introduction of the disputed medications into civil circulation.
Due to the submission of confidential information, the case was heard in closed session. Ultimately, we were able to prove that the patents' current use over the past four years was insufficient to provide patients in need with the disputed medication.
Despite the fact that the patent holder submitted evidence of the use and commercialization of its own medicinal products, on September 09, 2025, the Moscow Arbitration Court ruled to grant our client a compulsory license to use patents protecting compounds and compositions for the treatment of chronic viral hepatitis C. This will allow the client to begin manufacturing and commercialization of its own medications and improve the quality of life for patients with chronic viral hepatitis C.
The client was represented by Aleksey Zalesov, Head of Intellectual Property Practice, and Julia Kolomytseva, Senior Associate.