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Russia - Patent Infringement by Importation of the Product of a Patented Process

Article 14(3) of the Patent Law of the Russian Federation includes provisions that the rights given to a patent owner include "marketing or storage for (marketing) of a product directly manufactured by a process protected by an invention patent" and that "a new product shall be deemed to have been manufactured by the patented process unless evidence is provided to the contrary". The Moscow Federal Arbitration Court has applied these provisions to grant Pfizer Inc. an injunction to prevent the importation and sale in Russia of a drug that was manufactured outside Russia by a process found to infringe one of Pfizer's Russian patents.


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