Degree of incorporation of international law on compulsory licensing into russian legislation

Abstract

The article examines the compliance of the Russian legislation concerning the institution of compulsory licensing with the norms of international agreements. The article provides a comparison of particular cases of the possibility of using objects of patent law without the permission of the copyright holder from Art. 31 of the TRIPS Agreement with the advising norms of the Civil Code of the Russian Federation. As a result, it was concluded that Russian legislation does not fully comply with the norms of international law. Differences in the regulation of compulsory licensing for dependent inventions can serve as an obstacle to balancing private and public interests in intellectual property rights.