Compulsory licensing in favor of patentholders of dependent pharmaceutical inventions

The article analyzes the conditions for issuing a compulsory license in favor of patent holders dependent pharmaceutical inventions on basis Paragraph 2, Article 1362 Russian Civil Code. criteria relevance invention to important technical advancements with significant economic advantages are disclosed. An analysis emerging court practice issuance licenses market, meanwhile, showed that courts lack clear understanding when holder can and cannot apply license. author proves licensing is an effective mechanism prevent abuse right (first all, standard-essential patent) markets complex innovations (IT, electronics telecommunications). At same time, its implementation market lead negative consequences: discourage companies invest development new drugs, register breakthrough drugs Russia; reduce foreign investment sector. In this case, provision should be interpreted as exceptional tool. owner justified only if such represents genuine innovation, step pharmaceuticals. licensee must offer drug improved characteristics: increased therapeutic efficacy (or) safety, which has no available alternatives.