Analytics Legal analytics Intellectual property

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
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
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
21
February
2012

Application of the Law on personal data in Russia

With the increase in checks carried out by the Federal Service for Supervision of Communications, Information Technology and Mass Communications (Roskomnadzor) for compliance with the law on personal data, and in connection with the planned significant increase in the administrative responsibility for violations of legislation on personal data, we wish to draw attention to the following fundamental aspects of the Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data”. (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
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
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
11
October
2012

Protection of the intellectual property rights in the Internet: practical aspects

Legislation provides the legal owner with set of legal methods to deal with violators of intellectual property rights on the Internet. Nevertheless, the specific requirements for evidence regularly cause difficulty in the application of law in practice. Knowledge of these aspects will help to reduce the possibility of infringement of intellectual property rights to a minimum, and successfully defend them in case of violation

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
31
March
2011

New rules for the application of the Administrative Offences Code

On 29 March, on the official website of the Supreme Arbitration Court of the Russian Federation, published was the Decree of the Plenum of SAC RF No. 11 dated 17 February 2011 “On some issues of application of the special part of the Administrative Offences Code”. (This legal update is available only in Russian)

Сollective of authors, VEGAS LEX
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