On September 27, 2017, the Moscow Region Commercial Court published a significant decision in a patent dispute between Novartis AG, Swiss originator, and Nativa LLC, Russian generic producer (case No. A41-85807/2016).

Under the auspices of the case, Novartis AG filed a patent infringement lawsuit against Nativa LLC claiming that its active patent on «Tyrosine kinase inhibitors» (No. 2348627) is used both in the “original” drug “Tasigna” and “generic” drug “Nilotinib-native”[1], while registration of the “generic” drug before the Ministry of Health threatens to violate the patent.

The lawsuit was partially satisfied: the first-instance court (1) recognized the use of the patent in the opposing drugs and (2) prohibited the defendant to market the “generic” drug until the patent expires.

This decision is definitely positive for patent protection in Russia.

Read more: http://www.ilnipinsider.com/2017/10/moscow-region-commercial-court-rendered-a-precedent-decision-in-an-originator-generic-dispute/