The article highlights the main steps in the formation of compulsory licensing mechanism before the establishment of the World Trade Organization, and analyzes the main provisions of this mechanism implementation under the TRIPS Agreement and the Doha Declaration. Based on the analysis of examples from different regions of the world, the article determines the main advantages of using compulsory licensing with regard to expand of access to medicines, possible impact on quality of the medicinal products being produced and the investment attractiveness of the countries applying this mechanism are assessed. The purpose of this article is to analyze the main approaches to the implementation of compulsory licensing in order to determine the most effective strategy for using this mechanism in the Russian Federation in order to expand the availability of drug therapy for the treatment of life-threatening diseases. Based on the impact of compulsory licensing implementation, the author concludes that it does not correspond to the objectives of the Russian pharmaceutical industry development identified as a priority by Russian Government. Despite a possibility of using compulsory licensing under regulation of many countries, this mechanism is implemented rarely. A possibility of issuing a compulsory licensing is a strong argument in price negotiations with producers. According to the authors position, implementation of compulsory licensing has to be preceded by cost containment mechanism, primarily based on negotiations with producers.
Introduction. The concept of "supremacy of law" is currently used in international and domestic acts and other official documents. Alongside, the "supremacy of law" is the subject of doctrinal works in humanities. The purpose is to try to figure out the understanding of "supremacy of law" in international relations and in the United Nations system. The methodological basis of this study is constituted by a set of scientific methods, among which the main place is occupied by the method of analysis and comparative legal method. The results of the study are based on the resolutions which have been adopted by the UN General Assembly since 2007, and the annual reports of the Secretary General of the UN on "The supremacy of law at the national and international levels". The authors raise the question whether the "supremacy of law" is equally applicable to the international law and domestic law. Conclusions. The authors qualified the "supremacy of law" as a principle, which is not fixed in the UN Charter as well as the scope of the United Nations. The article provides a detailed analysis and the idea of the authors about the "supremacy of law" on national and international levels.
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