The Network organizes Roundable to explore Compulsory Licensing for Ukraine
On 22 June 2016, the All-Ukrainian Network of People Living with HIV/AIDS hosted a roundtable discussion to explore the use of Compulsory Licensing in Ukraine. Representatives of international agencies, leading generic manufacturers, as well as ministries and agencies responsible for responding to the HIV epidemic participated in the roundtable.
Compulsory licensing is an important tool to increase access to essential medicines. The meeting was organized as it is acknowledged that it will be important to coordinate with others who have mutual interests, to develop an effective compulsory license mechanism in Ukraine. The roundtable discussion was facilitated by Olena Orlyuk, Professor, Director at Intellectual Property Research Institute of National Academy of Legal Science of Ukraine.
The participants delivered a range of presentations to inform the discussions. These were:
- “Сompulsory Licensing in Ukraine: Observation of Valid Legislation and Prospects of Its Use”, Yuliya Cherkashina, Attorney-at-law, President at Paritet Law Firm;
- “Observation of Best International Practices of Compulsory Licensing Regulation” – Mykyta Trofymenko, Intellectual Property Counsel at All-Ukrainian Network of People Living with HIV/AIDS. Mykyta Trofymenko highlighted how the use of patents, without authorization of the patent owner, and with adequate remuneration, has been successful in both developed and developing countries to address the misuse of patent rights.
- “Implementation of International Practices of Compulsory Licensing in National Compulsory Licensing Legislation”,Oksana Kashyntseva, Head of Industrial Property Department at Intellectual Property Research Institute of National Academy of Legal Science of Ukraine;
- “Announcement of Epidemic and Topical Issues of Using Definition «Emergency Use»” Iryna Zhyhinas, Expert at All-Ukrainian Network of People Living with HIV/AIDS;
- “Compensation to Patent Owner for Unauthorized Use of the Patent”, Yulia Borko, PHD in Economics, Head of the Sector of Economics and Estimation of Intellectual Property Rights at Intellectual Property Research Institute of National Academy of Legal Science of Ukraine.
Participants agree to propose legislation to make way for Compulsosry Licensing
conclude that Compulsory Licensing The roundtable participants exchanged ideas and discussed ways of developing compulsory licensing in Ukraine, and possible forms for its use. Everyone agreed that compulsory licensing is a leading international practice that should be used in Ukraine, in order to increase access to medicines. Participants concluded that developing effective compulsory licensing legislation will need to be determined in accordance with the international obligations of the Ukraine government.
“It will be necessary to introduce the ‘government use’ procedure into patent law and there should be a precise list of grounds for compulsory licensing and ‘government use’ stated in the law,” explained Sergiy Kondratyuk, Legal Specialist on IP and Access to Medicines at All-Ukrainian Network of People Living with HIV/AIDS.
A resolution with proposals for improving compulsory licensing legislation will be drafted based on the results of the roundtable. This will be submitted to the Ministry of Health of Ukraine and Ministry of Economic Development and Trade of Ukraine.