From 2024 onwards, there has been a significant increase in the number of complaints of this nature. However, from the outset, the practice of competition authorities and courts in such cases is rather inconsistent. In some instances, the admission of generics was found in breach of the procurement legislation; in others, complaints by suppliers of original products were deemed unfounded. Moreover, not in all cases the decisions of the competition authority or courts confirming unlawful use of patents were in place at the time of the challenges against generics.
Against this background, Dmitry analysed key findings of the competition authority and courts on the basis of the existing practice and provided recommendations for patent holders and their distributors as to how to increase chances of success in challenges against generics.
Dmitry also addressed issues related to challenging the initial (maximum) contract price, which arise following the introduction of generic products into civil circulation.
