Analytics Publications Intellectual property

21
December
2017

New Year marked by restrictions

One sees an interesting logic applied by the Russian legislators when preparing draft laws in the sphere of information technology, protection of information and personal data. Having no intent to catch up with the rapidly developing digital technology and trying to fight cybercrimes at the same time, the legislators have thus far taken a “prohibitive” approach in the sphere of drafting laws, as well as in law enforcement practices. We will try to show you this using the examples in this article.
EZH-Yurist
14
December
2017

Anonymizers and VPN services are banned. How can the new rules serve corporate goals?

Not that much time is left before the new federal law enters into force known as the law that bans anonymizers and VPN services. This means a ban on using technologies, information systems, and programs that permit users to circumvent blocked websites and gain access to information resources with banned content with restricted access in Russia. Media outlets around the world were quick to compare the series of Russian banks with the Chinese Golden Shield Project, which provides for a system of filtering Internet content and blocking mobile applications and services that offer VPN services, or instructions on how to enter the Internet anonymously. 
Bank Review
1
December
2017

Protection of personal data: first results and prospects of legal actions

Today protection of personal data is a very topical subject. It is related not only to flash-like development of Internet technologies and globalization in general, but also to the need to protect the right of individuals for private life. Spread of cloud technologies, emergence of Big Data, transborder transfer of personal data offer new challenges both to the legislator, and to the courts in consideration of disputes on protection of personal data.
Joint Stock Company
7
November
2017

Departmental appeals with the Federal Antimonopoly Service of Russia

For more than a year now, a so-called departmental appeals board has functioned at the Federal Antimonopoly Service of Russia, which allows economic entities to dispute decisions made by the antimonopoly authorities’ regional departments out of court. In certain cases, this procedure could become an efficient alternative to courts of appeal.

Bank Review
11
October
2017

Overview of the changes in legislation from June-August 2017

In the legislation overview that is presented, you can familiarize yourselves with the key legislative amendments that impacted various areas and industries in the Russian economy. The “Law on strategic planners” was amended to establish additional restrictions on foreign investment in Russian society that could have strategic significance for the country’s defense industry and national security. Amendments entered into force aimed at introducing a pricing mechanism that uses the so-called "alternative boiler house” method to create stable conditions to attract investment into the field of district heating. The “forest amnesty” law was passed, which defines the procedures for determining the borders of plots of land that constitute part of the national forest reserves. On July 30th, 2017 the President of Russia signed a law that bans the use of technologies, information systems, and programs (anonymizers and VPN services) that allow circumventing blocked content and gaining access to information resources with content that is prohibited inside Russian Federation borders. The Russian Federation Ministry of Economic Development, in accordance with official instructions from the Russian government, drafted a bill that defines the basic principles for licensing activity, which is taken to mean activity performed by executive authorities to grant permits and perform related functions. At present, it is going through the stage of legislative impact assessment.
Alexander Sitnikov, Managing partner
Business of Russia
21
August
2017

Liability for violating the requirements set forth in the Federal Law “On personal data”

The topic of protecting personal data has become particularly pressing recently. The new provisions pertaining to administrative liability for violating Federal Law No. 152, dated July 27th, 2006, are to blame for that. Starting o July 1st, 2017 some amendments made to the rules in Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force, and they introduce substantial changes into the provisions that determine liability for violating legislation concerning personal data.
Joint Stock Company
18
January
2017

The problems with protecting pharmaceutical companies’ patent rights during the public procurement of medicinal products

This article analyzes the problems involved with protecting pharmaceutical companies’ patent rights during the public procurement process for medicinal products, with an aim to developing possible ways to resolve them. In the author’s opinion, established existing legislative mechanisms possess sufficient potential to protect pharmaceutical companies’ interests effectively. However, to unlock that it is essential to reconsider some of the approaches that have taken shape in judicial practice. 
Dmitriy Borodin, Project manager of corporate direction
Magazine of Court for intellectual property rights
19
August
2016

Rights holders and public procurement

Today, for many private companies, participation in public procurement has become a commercially attractive direction of business development. It is not surprising then, that unscrupulous market participants, will seek to obtain public contracts by any means available, including at the cost of violating the rights of third parties. One problem in this regard, is the violation of the exclusive rights of copyright holders on the part of those entities participating in tenders, when the execution of the contract requires the supplier to have the respective rights. This issue is the most acute in the area of public procurement of medicines, where offenders win a tender for the supply of drugs protected by patents, and in the area of procurement of expensive equipment (including medical) – here the subject of violations are usually trademarks, while in the procurement of software, this involves primarily copyright objects.
Dmitriy Borodin, Project manager of corporate direction
EZH-Yurist
22
September
2015

Overview of changes to legislation in July-August 2015

This summer, the Russian State Duma adopted a number of important laws, some of which will be introduced to you in the new survey. With the adoption on 01 July 2015 of the law on PPP, new players may appear on the established concession projects market, which will come out with new initiatives in the PPP field. Moreover, the novel amendments in this law will have a significant impact on regional PPP-projects markets. Employees will now be able to apply for recognition of their employer as insolvent (bankrupt). For actions that have caused failure to fulfil obligations under a state contract, and cause substantial harm to legally protected interests of society and the state, severe administrative fines will be levied. Legal entities registered in a territory, not requiring the disclosure of information on financial operations in relation to legal entities, are prohibited from participating in state tenders. Citizens of the Russian Federation, starting from 01 January 2016, will have the so-called “right to be forgotten” – the right to require an operator of a search engine on the Internet to stop the issuance of links that allow access to personal information.
Alexander Sitnikov, Managing partner
Business of Russia
18
December
2017

Compliance with the legislation on personal data in banking

The topic of regulation and protection of personal data is becoming more and more important every year, having its own specifics in the different fields of activity of the operators of personal data. The problems, gaps in the regulation of personal data and the disputes arising therefrom have their own specifics in banking as well.
Internal control in a credit institution
13
December
2017

Cloud technologies and personal data

Cloud technologies today are not considered something new or supernatural. The concept of cloud computing, which appeared in 2006, has thoroughly penetrated into a wide range of IT areas, affecting changes in the approaches adopted by companies to conduct business. Cloud services and technologies, due to their flexibility, as well as the absence of something like it anywhere in the world, have become in very high demand on the market. We can just take the growth of business investments in cloud infrastructure and services, which, according to assessments done by experts, will reach unprecedented scopes by 2019 - 312 billion dollars - and grow yearly by 15%.
Joint Stock Company
15
November
2017

What does Russia's personal data law mean for foreign companies?

Exactly two years have passed since amendments to Federal Law 152-FZ, On Personal Data, of 27 July 2006, ('the Personal Data Law'), obliging data operators to store Russians' personal data on servers in Russia, came into force. For now, it is too early to say that those failing to comply with these regulations is always punished. However, it is already clear that Russia's lawmakers, in toughening the penalties and introducing new requirements are treating the matter extremely seriously, as are the country's law enforcement authorities, as shown by one of the most high-profile cases in the last two years: the blocking of LinkedIn's website in Russia. This article explains the requirements for data storage, situations when foreign companies need to comply, and the penalties for non-compliance.
EZH-Yurist
13
October
2017

Personal data in the bounds of corporate activity

Russian Federation legislation on personal data became the object of heated discussion a long time ago, both among practicing attorneys and the business community. The subject of personal data took on particular urgency after administrative liability was tightened for violating Federal Law No. 152-FZ, dated July 27th, 2006 and entitled “On personal data,” and especially after the amendments to Article 13.11 in the Russian Federation Code of Administrative Offenses entered into force on July 1st, 2017.
Joint Stock Company
24
August
2017

EU regulations concerning personal data. Risks and recommendations for Russian businesses

The topic of security during the processing of personal data is a high-priority one, both in Russia and abroad. While Russian businesses are becoming accustomed to increased administrative penalties for violating legislation in the area of personal data - under Article 13.11 of the Russian Federation Code of Administrative Offenses – the European Union is getting ready to pass Regulation No. 2016/679 “On protecting individuals while their personal data is being processed, and on the unhindered circulation of that kind of data.” One distinguishing feature of this regulation is its extraterritorial jurisdiction. The fact is that the regulation’s validity applies not only to EU residents, but also to third parties. Large Russian companies are unlikely to ignore the new rules: the penalty for violating them is substantial - up to 20 million Euro or 4% of the company’s worldwide annual turnover for the fiscal year. This article will talk about how the regulation will influence Russian business, how Russian business will get ready for it to be passed, and what the authorities are threatening to do if it is not complied with.
EZH-Yurist
3
May
2017

Implementing the Protocol for the compulsory licensing of pharmaceuticals for WTO members will require the introduction of a comprehensive set of amendments into Russian Federation legislation

On April 24th, 2017, the Russian Federation Government's Committee on legislative bills approved a bill to adopt a protocol to amend the WTO agreement that will, in the future, allow WTO members to issue compulsory licenses to produce pharmaceutical drugs for export and, if necessary, to invoke immunity when other WTO members challenge their actions. However, according to one expert, achieving the goals that have been declared is not an unambiguous process – especially because applying suitable mechanism will entail a comprehensive set of amendments to current Russian Federation legislation.
Remedium
19
September
2016

Collegium of the Supreme Court will consider a claim involving parallel imports

In the Supreme Court of the Russian Federation, auto parts and beer distributors are trying to challenge the practice of considering cases of parallel imports. The companies believe that the "secret" recommendation of SIP, calling for the seizure and further destruction of goods, imported into Russia without the permission of copyright holders, is illegal.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Shopolog.ru
6
April
2016

Major trends in IP practices in the pharmaceutical sector

Protection of intellectual property is a necessary foundation for the development of innovation in the pharmaceutical industry. The effectiveness and scope of patent protection, which are provided to developers of drugs, are extremely important to bring to market new treatment technologies. The higher the regulatory guarantees of protection of exclusive rights, the greater the incentives created for innovative manufacturers to invest into the development of new and improvement of existing drugs. However, in many respects, the effectiveness of patent protection depends on enforcement practices in a particular sector of the economy. In this regard, it is important to monitor the dynamics of the main approaches of courts of different levels when it comes to resolving patent disputes in the pharmaceutical sector.
Remedium

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