Naydenov Kirill Dmitrievich Naydenov Kirill Dmitrievich

A study has been conducted on the problems of judicial evidence in cases arising from relations for the issuance of compulsory licenses for inventions, regulated by paragraph 1 of Article 1362 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). Particular attention is paid to the application of the rules of arbitration procedural law on the distribution of the burden of proof in disputes on compulsory licensing. The means of proof in such cases are analyzed; the author comes to the conclusion that the predominant role is played by written evidence, expert opinions and specialists. Based on the results of the study of literature, legislation and judicial practice, it was established that paragraph 1 of Article 1362 of the Civil Code of the Russian Federation was first applied in the case of the Moscow Arbitration Court No. A40-185112/2022. It is noted that there is no single answer to the question of the distribution of evidentiary duties of the parties in disputes on compulsory licensing, since different instances interpreted the provisions of art. 1362 of the Civil Code of the Russian Federation and art. 65 of the APC of the Russian Federation in different ways. It is proposed to impose on the plaintiff claiming to use the invention the burden of proving the following circumstances: 1) insufficient use of the invention by the copyright holder; 2) the causal relationship between insufficient use and insufficient supply of goods on the market; 3) the relevance of the patent to the defendant's invention as a criterion for the plaintiff's willingness to use the inventions. It is concluded that it is necessary to develop mandatory clarifications at the level of the Supreme Court of the Russian Federation on this category of cases

medical law, compulsory license, arbitration proceeding, duty of proof

Naydenov Kirill Dmitrievich – Assistant Lawyer at the Brait and Partners Bar Association (office 1A, 8, Ryleev st., Vladivostok, 690003, Russian Federation), ORCID: 0009-0006-3161-0911, e-mail: kirillnaydenov2003@mail.ru

Naydenov K.D. Procedural problems in the consideration of cases on compulsory licensing of medicinal products. Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2026, no 1 (112), pp. 38–49. – DOI 10.26516/2071-8136.2026.1.38 (in Russian).

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