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At the same time, Article 31bis of Trade Related Aspects of Intellectual Property Rights TRIPS grants World Trade Organization WTO members with insufficient capacity for the production of drugs to contact another WTO member in case of an emergency for help in providing the country with the necessary amount of drugs.

Nativa tried to contact Celgene to execute a licensing agreement to produce and sell the generic version of the original drug on the Russian market.

The final supervision appeal—if accepted—may be considered by the Russian Supreme Court, which is entitled to review and ascertain whether there is substantial breach in law enforcement.

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; dominating patent is protected by an additional dependent patent;• Legal Basis The legal basis for compulsory licensing in Russia flows from Articles 1360 and 1362 of the Civil Code of the Russian Federation Civil Code.

A party may appeal to the appropriate appellate courts.

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In either case, a company applying for a compulsory license has to try, within a reasonable period of time, to negotiate a voluntary license with the patent holder on reasonable commercial terms.

An invention is not used or is insufficiently used by the patent holder for a long period of time; or• Celgene International Holdings Corporation The Moscow City Commercial Court fulfilled a claim made by a local generic company Nativa and granted a license to use a patented drug of Celgene International Holdings Corporation in connection to the cancer drug, Lenalidomide-Nativ.