Gilead will challenge the issuance of a license to Pharmasyntez for a drug against COVID-19

The American company Gilead Sciences disputes the license to Pharmasyntez for the production of a drug against COVID-19. Compulsory license to manufacture a drug. Challenging.

Gilead will challenge the issuance of a license to Pharmasyntez for a drug against COVID-19

The American company Gilead Sciences, three months after the Russian government granted Pharmasyntez a license to manufacture the drug remdevizir against COVID-19 without its consent, filed a lawsuit in the Supreme Court challenging this decision. Gilead believes that the patent information is inaccurate, and the application showed that there was no urgent need for a compulsory license, Vedomosti writes.

On December 31, 2020, Prime Minister Mikhail Mishustin signed a decree according to which Pharmasyntez has the right to produce an analogue of Remdeform for one year without coordination with Gilead Sciences. The American company produces the drug under the Vekluri brand. In the document, the government refers to an article of the Civil Code that allows the use of such a mechanism in the interests of national security, and the patent holder is entitled to monetary compensation. Its size is not disclosed in Gilead and Pharmasyntez. For the first time in Russia, a compulsory license for the production of a drug was issued.

Gilead is now challenging Pharmasyntez's compulsory license for the COVID-19 drug, but lawyers say it has no chance of winning the case.

Kristina Kornoukhova, a lawyer at the law firm Vetrov and Partners, will comment on the lawsuit.

Finding a balance between private and public interests will always be difficult. This case is one of those. Due to the significance of COVID-19, I am afraid that the Russian Federation could not only want to obtain a license for the production of this drug and not only this drug for one year. The same, in turn, will definitely affect the investment "attractiveness" for foreign pharmaceutical companies, which will be forced to think and implement practices to minimize such situations. Further, perhaps the question is not law, but politics.

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