Analytics Legal analytics

4
June
2018

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
Dmitriy Borodin, Project manager of corporate direction
15
January
2018

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
Dmitriy Borodin, Project manager of corporate direction
17
November
2016

IP Court interpreted IPR protection provisions stipulated in the Federal Law "On Circulation of Medicines"

Intellectual Property Rights Court in its judgment dated 20.09.2016 on case No. A40-158999/2015 ruled on the issue of what constitutes grounds for the cancellation of state registration of a drug, which was in violation of the rights of the patent holder.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
17
May
2018

Protection of business reputation on the Internet will become more efficient

According to the statistics of the Supreme Court of the Russian Federation, the number of arbitration cases involving claims for protection of business reputation is increasing year by year. Specifically, in 2017, the number of satisfied claims under such cases increased almost double as compared to 2016. Increasingly, the data posted on the Internet becomes the reason for lodging a claim for protection of business reputation. At the same time, judicial defence in such cases becomes more complicated because of the lack of the efficient mechanism of enforcement of court judgments concerning the removal of damaging information. The recent legislative changes regarding enforcement proceedings and information are focused on creation of such mechanism.

Victor Petrov, Partner, Head of Litigation practice
Dmitriy Borodin, Project manager of corporate direction
22
November
2016

LinkedIn is blocked in Russia for violation of the data protection requirements

Russian courts ruled to block access to LinkedIn in Russia due to non-compliance with the requirements for  personal data localization and data protection. The courts declined LinkedIn's arguments that it had no legal presence in Russia and was not properly informed about the claim. This is the first case when a foreign web-service was blocked for non-compliance with the personal data localization / data protection requirements.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Dmitriy Borodin, Project manager of corporate direction
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

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