Prohibitions on patenting (non-patentability) of certain results of intellectual activity in the field of health care

Abstract

In Part 4 of Article 1349 of the Civil Code of the Russian Federation, the liver of the results of intellectual activity that cannot be objects of patent rights is fixed (the list of non-patent objects). Some bioethical principles have been fixed in this legal norm, which is certainly necessary in the context of the rapid development of biotechnologies. But from the point of view of law enforcement, this norm seems to be incomplete and requires specification. Moreover, as indicated in the article, these provisions of Russian civil legislation are not a very successful compilation of the provisions of the European declaration. 

The article presents the results of a comparative analysis of international agreements and norms of foreign law, according to the results of which the author made proposals for a significant change in the legal structure of Part 4 of Article 1349 of the Civil Code of the Russian Federation and its addition with relevant principles of bioethics, which it seems necessary to take into account in patent law in correspondence with the norms of special legislation. In addition, to increase the effectiveness and optimality of law enforcement practice, based on the results of a comparative analysis of concretized examples of patent prohibitions with the provisions of special laws in the field of health protection, legal algorithms for the application of these prohibitions, arising from their legal nature, were identified.

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