Sergey Puzyrevskiy: new FAS initiatives will facilitate competition development
On a session on 6 September 2016 the Commission on competition and antimonopoly law of an All-Russian NGO – “Russian Counsel Association” –discussed FAS legislative initiatives on intellectual property.
The venue took place at the Law Faculty of Lomonosov Moscow State University.
The Head of FAS Legal Department, Artem Molchanov, reported on the gaps in the Federal Law “On Protection of Competition”: Articles 10 and 11 do not apply to the results of exclusive rights.
He outlined a step-by-step mechanism for eliminating the problem.
First, a new Article should be added to the Federal Law “On Protection of Competition” to extrapolate the antimonopoly standards to the results of intellectual activities. According to Artem Molchanov, the current contour of things can lead to preventing, restricting or eliminating competition on the markets.
Second, the Government of the Russian Federation should have the right of decision-making on permitting use of inventions without right-holders’ consent to support defence and security as well as protect life and health of the population.
Third, changes should be made to Articles 1360 and 1362 of the Civil Code of the Russian Federation: if a patent holder breaches the Federal Law “On Protection of Competition” and it leads or can lead to threatening life and health of the population, the antimonopoly body or any other person can file a lawsuit for granting the so-called “compulsory license”. Artem Molchanov emphasized that only Courts can make decisions on granting such licenses.
The suggested measures, aimed at correcting the situation, generated a vivid discussion among the event attendees. Deputy Head of FAS Sergey Puzyrevskiy stressed the usefulness of such discussions and confirmed that the opinion of the Commission members is an important indicator for the Antimonopoly Service.
Summing up, Sergey Puzyrevskiy asked to examine in detail market analysis, and announced the agenda for the next Commission session.
