Учет приоритетности принципов охраны здоровья в патентных правоотношениях

Abstract

The correlation aspects of civil rights, in particular, in the field of intellectual property, and the constitutional law to health care and medical care are analyzed. Thus, the constitutionally significant principles that reveal the essence of this constitutional law and contained in the sectoral legislation in the healthcare field, including the need to ensure principle the availability of medicines, are concretized. At the same time, a significant gap in Russian legislation is indicated in lack terms of a clear principle specification of the need to ensure the availability of medical devices. Special attention is paid to the issues of ensuring the right of citizens to receive the most effective medical care and gaps in the legislative effectiveness and availability regulation of medicines and medical devices. The main civil law principles and conditions for restricting civil rights in order to protect the health of Russian residents are considered, followed by a priority in civil law relations justification, including in patent law, of the identified constitutionally significant principles that reveal the constitutional law essence to health care. It has also been proved that the need to ensure the conditions for the right realization to health protection of Russians, for example, the availability of medicines and medical devices, can serve as a basis for limiting exclusive rights in patent legal relations (in particular, the relevant foreign patent holders in the conditions of inaccessibility or insufficient availability of medical products in conditions foreign sanctions).