The Moscow Region Commercial Court has ordered pharmaceutical companies ViiV Healthcare and Shionogi to grant Biokhimik, part of the Promomed Group, a non-exclusive licence covering two Eurasian patents and one Russian national patent related to cabotegravir. According to Pharmvestnik, the ruling was issued on 20 October 2026. It has not yet entered into force and may be appealed within one month.

The compulsory licence granted under the court ruling applies exclusively within Russia, including the use of the two Eurasian patents on Russian territory. It does not authorise the manufacture or sale of medicines in other countries where these patents are in force.

The licence will allow the manufacture and sale of cabotegravir-containing medicines for the remaining duration of the relevant patent rights, including any extensions. The court set combined annual royalties at 1.75% of sales revenue, with 1.17% payable to ViiV Healthcare and 0.58% to Shionogi.

However, authorisation to use the patents does not, in itself, mean that the relevant medicines have received regulatory approval or become available to patients. In August, the Promomed Group announced that its oral and injectable formulations of cabotegravir and rilpivirine had received marketing authorisations in Russia. The company also noted that the start of commercial sales remained subject to the fulfilment of the necessary legal requirements.

Pharmvestnik also cites information from Zdravresource, a Russian organisation working to improve access to treatment. According to the organisation, access to the originator long-acting injectable medicines has so far been largely limited to participation in clinical trials conducted at selected AIDS centres. Its representatives note that one of the remaining steps towards ensuring publicly funded access to these medicines is their inclusion in Russia’s List of Vital and Essential Medicines (ЖНВЛП).

We would also like to emphasise that the Russian court’s ruling does not, in itself, ensure access to cabotegravir in other countries of Eastern Europe and Central Asia (EECA). Its public health significance will depend on how it is implemented in Russia: whether affordable, quality-assured medicines are procured, whether reliable supplies can be ensured, and whether people who need these medicines will actually be able to access them.

Which Patents Are Covered by the Court Ruling?

The three patents protect different aspects of the medicine, ranging from chemical compounds to the injectable formulation and manufacturing processes.

1. EA014162B1 — Eurasian Patent Covering Chemical Compounds

This patent covers a specific class of polycyclic carbamoylpyridone compounds with inhibitory activity against HIV integrase. Its patent protection is relevant to several antiretroviral molecules, including cabotegravir and dolutegravir.

2. EA024924B1 — Eurasian Patent Covering an Injectable Formulation

This patent relates to a pharmaceutical composition for the injectable administration of cabotegravir. Protection of this formulation is relevant to the manufacture of long-acting medicines.

3. RU2527451C2 — Russian Patent Covering a Synthesis Process and an Intermediate Compound

This patent covers a specific chemical synthesis process for carbamoylpyridone HIV integrase inhibitors, including bromination, side-chain formation, ring formation, and removal of a benzyl protecting group. In addition, the patent protects a specific intermediate compound used in the synthesis process.The primary subject of the patent protection is the chemical manufacturing process rather than the finished injectable formulation.