IP Law & Antitrust: a Symposium at the Vedomosti Conference

On October 31st, the business daily newspaper Vedomosti held its annual conference, 'Antitrust regulation in Russia', and Institute staff spoke at the session 'IP & antitrust regulation'. 

Sergey Puzyrevskiy, Deputy Head of the FAS moderated the session and spoke of how the FAS supports the introduction of the tool of compulsory licensing only in the pharmaceutical industry. The FAS is also in favour of a specific exemption from antitrust laws with respect to intellectual property. This position is supported by judicial practice, to adhere to the interpretation of these exceptions, intended for the circulation of goods, not intellectual property rights.

 

Director of the Institute Alexey Ivanov talked about the history of the Institute and antitrust and gave examples of both the systems and the extraordinary applications of antitrust laws in developed countries. The approach to intellectual property needs to be pragmatic – aimed at maximising public utility. Given the place intellectual property holds in the world economy, functioning exemptions can neutralise barriers in the realm of antitrust.

 

Andrey Shastitko noted that the needed change in the global paradigm of intellectual property affairs is possible only in cooperation with other countries of the BRICS group.

 

Leading researcher of the Institute Elena Voinikanis noted in particular the need for the application of 'rule of reason' instead of 'per se' prohibitions.