Analytics Legal analytics Telecom. Media. Technology (TMT)

4
June

Analysis of competitive situation on digital markets: legislative initiatives and Russian experience

In the “fifth antimonopoly package”, Federal Antimonopoly Service of Russia provides for the possibility to treat, in certain circumstances, the business entity, which owns infrastructure (platform) that is intended to organize and ensure cooperation of business entities and (or) consumers and which holds a commodities market share of less than 35 %, as occupying a dominant position. Specifically, it refers to the cases where network effects give such entity an opportunity to exercise a dominant influence on the general conditions of circulation of commodities and (or) remove other entities from the market and (or) impede access to the respective commodities market by other business entities.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitry Borodin, Senior associate of Technologies and Investments Group
21
August

Anonymizers and VPN services are banned. How should the new rules be applied for business-related purposes?

On July 30th, 2017, the Russian President signed Federal Law No. 276-FZ dated July 29th, 2017 "On Introducing Amendments Into the Federal Law on Information, Information Technologies and Information Protection". The Amendments, among other things, prohibit using technologies, information systems, and programs that permit getting around blocked sites with banned content to which access is restricted inside Russian borders. The legislative innovation will only apply to those anonymizers, VPN services, and other programs that provide access to online resources and information and telecommunication networks to which access has been blocked by the Federal Service for Oversight in Communications, Information Technologies, and Mass Communications.

Natalia Abtseshko, Head of International projects group
24
June

Exclusive rights of copyright owner during a tender: law enforcement practice

In this review, we consider when requirements for owning exclusive rights may be made for a tender participant, and what opportunities are there for the protection of the copyright owner’s exclusive rights, when these are violated as a result of a tender.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
24
February

Disputes in IT: precedents set in 2015

In this analytical review, we present for your consideration information on the five most interesting legal disputes in the field of IT in the year 2015.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
15
May

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
Dmitry Borodin, Senior associate of Technologies and Investments Group
12
February

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
September

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

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
11
October

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
15
January

Typical disputes under contracts that involve developing and implementing software 2016-2017

This overview has put together examples of court cases that illustrate the types of disputes that are often encountered arising from the performance of contracts to develop and implement software (PO). Every dispute focuses on one or two legal issues, and permits certain practical conclusions to be drawn that can be beneficial for specialists who work in this area.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitry Borodin, Senior associate of Technologies and Investments Group
19
May

Big Data: the goals of antimonopoly regulation, or what we want to protect versus what we can

Big Data is now an important economic asset that can be used by organizations to gain a competitive advantage. Because of this, antimonopoly authorities are increasingly interested in regulating the market for Big Data.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
June

Public procurement: protecting the exclusive rights of copyright holders

We present, for your information, a collection of articles on issues in the field of exclusive rights protection for copyright holders in the course of public procurement.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
July

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

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
1
February

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
16
August

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

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
21
February

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
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