Jun 5, 2018

SGR Partner Bruce McDonald Published in Two Peer-Reviewed Journals

SGR Partner Bruce McDonald

SGR Partner Bruce McDonald is the lead author on two articles appearing in peer-reviewed journals involving international intellectual property and legislative initiatives in the Russian Federation to restrict the scope of patent and data protection in the pharmaceutical sector.  One of the articles is in the current issue of the AIPLA Quarterly Journal and appears here; the Russian-language parallel text is available here.  The other article deals with regulatory data protection and is appearing in the current issue of The International Lawyer, a publication of the American Bar Association Section of International Law, and is available here; the Russian-language parallel text… Read more

Feb 22, 2018

Western Brand Owners Hit by Russian Constitutional Court Ruling in Parallel Import Case

ECG Paper

On February 13, 2018, the Constitutional Court of the Russian Federation issued a decision in favor of a Russian parallel importer, holding that the destruction of original medical devices imported without the trademark owner’s consent was an excessive remedy under the facts of the case, and authorizing the lower courts to consider the bad faith of a trademark holder in refusing to supply branded products in Russia at a reasonable price when considering the availability and scope of relief in a parallel import case. The parallel importer, in this case, PAG LLC, had a government contract to supply heat-sensitive paper… Read more

Feb 15, 2018

Russian Roadmap for Competition in Healthcare Targets Innovative Drug Developers and Pharmaceutical Patents

Pharmaceutical Patents

On January 12, 2018, the Russian Federation published an ambitious Roadmap For Development of Competition in Healthcare, including the latest shot across the bow of innovative drug developers, who are bracing for the possible loss of antitrust immunity, the establishment of procedures for compulsory licensing of pharmaceutical patents, the loss of exclusivity to data in applications for registration of pharmaceuticals, and other measures. Legislative initiatives to limit the scope of patent protection for pharmaceutical products are driven by the Federal Antimonopoly Service (FAS) but opposed by the Ministry of Health and the Russian patent and trademark office (“Rospatent”).  At least… Read more