Analytics Legal analytics

21
January
2016

“To know everything” (Continued)

In 2014, the Astrel Publishing House, as the legal owner of the trademark “I want to know everything”, prohibited the AST-PRESS KNIGA Publishing House to publish a book in its “Baby’s Library” series that carried the working “I want to know everything” on its cover page. Astrel also sought to recover compensation for the illegal use of its trademark to the tune of 2.9 million rubles. However, the dispute over trademark “I want to know everything” continues.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
23
November
2015

New developments in patent cases in pharma

In November 2015 the Arbitration court of Moscow region rejected the originator's patent claim against the local drug manufacturer. Following the decision of the Supreme Arbitration Court in well-known Imatinibum case in 2009 the Arbitration court of Moscow region decided that no patent infringement may occur prior to state registration of a pharmaceutical product. Furthermore, the court gave several potentially important interpretations of IP regulations applied to pharmaceutical products. The relevant conclusions of the court may influence the future development of IP practice in pharmaceutical sector in Russia.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
15
May
2015

Electronic format of the textbook: the legal regime

In accordance with Paragraph 2 of the Order of the Russian Ministry of Education and Science dated 08.12.2014 No. 1559 “On Amendments to the procedure for the formation of the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education, approved by the Order of the Ministry of Education and Science of the Russian Federation dated 5 September 2013 No. 1047” starting in 2015, in the Ministry of Education and Science of Russia in the Scientific and Methodological Council for textbooks copyright terms, a person with rights to a textbook, is presented, among other things, with an electronic format of the textbook, included in the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
12
February
2015

Landmark events 2014 in the field of IT regulation in Russia

Landmark events 2014 in the field of IT regulation in Russia
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
18
March
2014

Protection of intellectual property rights on medicines. New practice

In December 2012, the auction commission of the Regional Ministry of Health rejected the application of a supplier of generic drugs, due to patent infringement of the manufacturer of the original drug. FAS Russia, the courts of first and appellate instances found the actions of the auction committee justified. However, on 17 February 2014, the Federal Arbitration Court of the Moscow District sent the case back for a new trial in the Court of First Instance, pointing out that the lower courts had not thoroughly examined the evidence in the case. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
1
February
2014

Security of personal data when using the “cloud” services

The issue of protecting confidential information, in particular personal data, is one of the important factors when a business is looking at using “cloud” technologies. The importance of this question is dictated, on the one hand, by the crucial importance of this information for certain types of business, on the other hand – the increased attention of regulators to this sphere in recent years. The main question is – is not the use of “cloud” services for the processing of personal data a violation of Russian law? (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
November
2013

Expanding the concept of the interested person, as a trend in judicial practice on disputes involving the early termination of a trademark

On 29 October 2013, the website of the Supreme Arbitration Court of the Russian Federation issued Presidium Decree No. 5793/13 dated 17 September 2013 on a dispute involving the early termination of legal protection of a trademark with the verbal designation “KAIT-SPORT” due to its non-use, by which the approach to determining the interested person was expanded. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
16
August
2013

The clear wording of a claim – the key to success

Presidium of SAC RF considered the case involving the violation of trademark rights through the use of a trademark in a domain name. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
24
May
2013

Dynamic pricing: is any price discrimination legal?

Dynamic pricing is a type of price discrimination which occurs when different prices are charged to consumers for the same product depending on the category of the consumer. The Dynamic Pricing method has been successfully employed in the Western countries for a long time.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
4
April
2013

Court for intellectual property rights: new format – new content?

By order of the Russian President dated 08 December 2011, in the arbitration courts system, a court for intellectual property rights was established. The work of the new tribunal will begin after the completion of all necessary formalities and passing by the Plenum of the RF Supreme Arbitration Court of the corresponding resolution. About the competence and composition of this Court, new entrants and alternative methods of dispute resolution, is written in the new analytical review. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
24
November
2015

Unfair competition: precedents of 2014–2015

The Federal Law dated 05.10.2015 No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition, and certain legislative acts of the Russian Federation”, better known as the “fourth antimonopoly package”, highlighted the issues of unfair competition in a separate chapter. This chapter contains a more detailed description of the forms of unfair competition, based on previous law enforcement practice of bringing legal entities to accountability for such violations. In this regard, we have analyzed court practice on the question of unfair competition for the years 2014–2015. This review presents the most interesting and principle decisions that can set the direction of future court practice on unfair competition.
Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
July
2015

Russian software to receive priority in state tenders

On 30 June 2015, the government published Federal Law dated 29.06.2015 No. 188-FZ “On Amendments to the Federal Law – On Information, Information Technologies, and Protection of Information” and Article 14 of the Federal Law “On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs”.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
29
April
2015

Litigation involving the Internet 2014-2015: Trends

This review presents the latest current trends in litigation involving the Internet 2014-2015. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
October
2014

IP Immunities For Drug Manufacturers On The Russian Market

On 23 September 2014 the Court of Appeal ruled that IP immunities may not be regarded as a valid excuse for a patent holder/trademark holder in case of abuse of dominance on the drug circulation market, inter alia in those cases where a drug manufacturer refuses to enter into a supply agreement with its distributor.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
March
2014

What is the future of IP protection during state procurement of drugs?

The issue on the balance of interests of the holders of rights and producers of generic drugs in the lack of legal clarity as to the limits of permitted use of the patented substances is again high on the agenda (after adoption of the Resolution of the Presidium of the Supreme Arbitrazh Court of the RF of 17 February 2014).
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
18
December
2013

Customs regulations

Plenum of SAC RF provided clarification aimed at forming a unified approach to the resolution of issues arising from the consideration of cases by arbitration courts concerning the application of customs legislation. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
18
September
2013

Antipiracy law: how to protect oneself?

On 01 August came into force the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation on the protection of intellectual property rights in the information and telecommunications networks” dated 02.07.2013 No. 187-FZ, better known as the anti-piracy law. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
13
August
2013

Trends in judicial practice on disputes related to intellectual property, in the light of the new Decree of the Presidium of SAC RF No. 15187/12

On 27 July 2013, the website of the Supreme Arbitration Court of the Russian Federation published Resolution of the Presidium dated 2 April 2013 on Case No. A42-5522/2011 on the dispute between the Teleross Company and Murmansk Multiservice Networks OJSC involving the prohibition of the use of trademarks similar to “MORE TV” and “OКЕ@Н INTERNET” as designations on goods that in any way are introduced into circulation in the territory of the Russian Federation, the performance of work, provision of services, and the recovery of compensation for breach of exclusive rights. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
6
May
2013

Comprehensive insurance

Modern business is often faced with unusual tasks, which generate non-standard risks. Traditionally, the main risk management tool is insurance. Of huge importance for “comprehensive insurance” contracts is the Decree of the Presidium of SAC RF No. 7884/12 dated 20 November 2012.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
1
April
2013

Personal Data processing in Russia

The necessity to obtain consent for the personal data processing. The Operator’s obligations. Violation of the applicable law.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
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