In the pharmaceutical industry, the development of a new invention – a drug, the acquisition of a patent and the introduction into civil circulation by the developers spend significant resources in material and time. In this regard, drugs are attractive for falsification, and attempts are also being made to reproduce the imitation of original drugs, which requires special attention to the protection of the rights of patent holders. Obtaining a patent for an invention provides an exclusive right to its owner, being a kind of state gratitude for ensuring innovative progress, and, on the other hand, carries significant threats due to the possible dishonesty of patent owners, which, according to the Author, taking into account the latest challenges of the time, requires no less attention in terms of providing protective mechanisms against abuse. Since the availability of medicines is one of the main tasks of national health care, the Author raised the actual problem of applying one of these mechanisms in domestic law, namely the mechanism for issuing compulsory licenses for medicines as inventions (compulsory licensing). The article contains a brief historical outline of the foreign application of such institutions, analyzes domestic regulation and law enforcement practice, on the basis of which theses are put forward on the need for additional legal regulation.
We consider a rather acute issue of organizing effective management of business activities in a crisis situation. In particular, we bring out some problems related to the assessment of the reasons for the development of bankruptcy practices in Russia, especially for citizens, namely, the issue of approval by courts of arbitration managers, control over their activities, and removal is discussed as one of the main problems. The relevance of the issue is emphasized by the fact that today the managers approved by the courts have significant tools for abuse (including latent ones), which, of course, requires better legislative enforcement of the requirements of disinterest, conscientiousness and reasonableness. To date, the legislator and judicial practice of the highest courts are making attempts to improve bankruptcy procedures, including a movement towards leveling the influence of the debtor, related lenders on bankruptcy proceedings. At the same time, the institution of approval of the arbitration manager, control over his activities and removal continues to be at an intermediate stage of development. With reference to international practice, our position is expressed on the need to introduce into Russian legislation mechanisms for random automatic selection of arbitration managers for the purpose of their approval in bankruptcy proceedings, as well as the possibility of unconditional removal of already approved managers on the grounds of mistrust on the part of the majority of lenders with the establishment of a fair compensation mechanism. We also propose strengthening the criminal liability of participants in bankruptcy proceedings, including the introduction of a special composition on the liability of an arbitration manager.
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