Analysis of the Patent Linkage Institute and Perspectives of Its Implementation in the Law of Russia

Intellectual property is a fundamental part of the development of the modern digital economy. For example, the pharmaceutical industry depends on effective patent protection. Effective ways of protecting patent rights encourage the further development of the pharmaceutical industry. Thus, the crucial issue which arises today is to ensure proper protection of exclusive rights in relation to pharmaceuticals in Russia, in order to reduce patient risks and improve the investment climate. In Russia, there is a regulatory gap: in fact, there are two autonomous systems of legal protection for medicinal products that are not coordinated: government registration and patent protection. This leads to the possibility of generic registration when there is a valid patent for the original drug. Further, an unfair producer can introduce the generic drug into civil circulation, mostly entering state procurement. Verification of patent clearance while registering a drug, namely the establishment of a patent linkage register, can solve this problem.