On April 27, 2017 the Government of the Russian Federation approved a draft of federal law On Approval of Protocol on Amendments to Agreement on Commercial Aspects of Intellectual Property and took a decision to present it to the State Duma.
Temporary Agreement broadens the possibility to use the mechanism that would enable WTO members to issue compulsory licenses for production of generic drugs.
It should be reminded, that the Protocol in question was approved by the General Council of WTO on December 6, 2005 and was open for approval by WTO member states until December 1, 2007. However, on November 30, 2015 by resolution of the General council the time of Protocol approval was extended till December 31, 2017 . The protocol became effective after approval by two thirds of WTO members (110 of 163). As on January 2017 114 countries joined the protocol.
The protocol will introduce into the Agreement on commercial aspects of intellectual property clause 31 bis and amendment, defining extended use of mechanism allowing WTO members issue compulsory licenses for production of generic drugs for export, and use exemption for impeachment of its activities by other WTO members.
By accepting the above Protocol Russia will get the right to organize manufacture of generic drugs at local pharmaceutical sites using international patent for original drug.
