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23
September

Usage of court injunctions in IP disputes. What may be done by market players?

The mechanism of court injunctions may effectively protect the exclusive rights of market players. The APC provides enough instruments to protect the business. Therefore, it is not necessary to change the existing laws and regulations. However, the usage of court injunctions in IP-related pharmaceutical disputes is not that simple. The court’s opinion in such cases is influenced by the complexity of pharmaceutical patents and the social factor. Thus, it is crucial to form a positive judicial practice to protect the IPR of pharmaceutical manufacturers (specifically in cases related to IP protection during state procurement of medicines). Below, we provide the roadmap on current practical gaps in this sphere, and possible ways to move things forward.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
6
September

Investment in the social catering: PPP and concession agreements

Advantages for investors and the state, new features, the latest trends, the ways to structure the project, the key parameters of the project, the project preparation stages

Denis Shtirbu, Head of PPP and infrastructure practice
Irina Dolgikh, Senior associate of PPP and infrastructure practice
5
August

Purchases under new preference rules in exchange for investments

On 1 September 2016, shall come into force changes to the Federal Law “On the contract system in the procurement of goods, works and services for state and municipal needs”, made by the Federal Law dated 3 July 2016 No. 365-FZ.

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

Moving unitary enterprises to the contract system

In the final days of the spring session of the State Duma of the Russian Federation, an important law was passed aimed at strengthening control over procurement by state and municipal unitary enterprises. In this research report, we examine the key provisions of that legislation and its legal consequences for unitary enterprises.

Alexander Sitnikov, Managing partner
Ksenia Podguzova, Senior Associate of Commercial group
24
June

Overturning the enforcement of a judgment: is it possible to collect interest?

According to Part 1 of Article 325 of the Arbitration Procedure Code, if the enforcement of an act is repealed, in whole or in part, and a new judicial act adopted, on a full or partial denial of the claim, or the claim is left without consideration, or the proceedings were terminated, the defendant is returned all that was recovered from him in favour of the plaintiff on the repealed, or modified in the relevant part, judicial act. In the application of the rule of law, courts have said there were issues related to the accrual of interest for the use of funds in the case when these funds were transferred to the claimant, after the entry into force of the judicial act, but later the judicial act was abolished through a cassation appeal. Answers to these questions were given by the court when resolving a particular dispute.

Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
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
17
May

Legal or contractual penalty – dispute resolved by the Supreme Court of the Russian Federation

The Civil Code establishes two types of penalties for untimely performance of obligations – contractual and legal.In practice, there appear disputes related to the different interpretations of the legality of reducing the size of legal penalties, agreed upon by parties to an agreement. According to one position, such a reduction is possible because of the discretionary nature of civil legislation. The second opinion holds that the legal penalty is a minimum amount due for the delay in the fulfilment of obligation, and therefore its reduction is not possible. Recently, the Supreme Court has eliminated the legal uncertainty in this matter when considering a specific dispute.

Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of Energy practice
Alexander Kiselev, Senior associate of Energy practice
19
April

The Supreme Court is against illegal tax control over price levels

On 11 April 2016, the Judicial Chamber on Economic Disputes of the Supreme Court issued a ruling on Case No. A63-11506/14, and with that, sided with the taxpayer in a dispute with the tax authorities. The Supreme Court of the Russian Federation stated that the territorial tax authorities, within cameral and field tax audits, are not allowed to control the market price levels in transactions between related parties.

Alexander Sitnikov, Managing partner
Yuriy Ivanov, Head of Tax practice
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
16
February

Retail Generation: guaranteeing supplier should pay for electricity not demanded by buyers

On the right of retail electric power producers to recover from guaranteeing suppliers of unjust enrichment in the form of revenues received by the network from “surplus” electricity.

Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of Energy practice
Yuriy Tatarinov, Counsel, Energy Practice
22
September

Preferences for Russian goods during procurement, according to law No. 223-FZ

On 16 September 2016, the Russian Government adopted Decree No. 925 "On the priority of goods of Russian origin, works and services carried out or rendered by Russian entities in relation to goods originating from a foreign country, works and services carried out or rendered by foreign entities". This decree states the priority be given to Russian goods / Russian entities during procurement, carried out under the Federal Law of 18 July 2011 No. 223-FZ "On procurement of goods, works and services from certain kinds of legal entities". The decree shall enter into force on 1 January 2017.

Alexander Sitnikov, Managing partner
8
August

Long-term procurement arrangements in the pharmaceutical sector: new options or additional risks?

From 1 September 2016, investors under special investment contracts (SPICs), as well as regional investors, may benefit from additional preferences during the procurement of various types of product for state and municipal needs. Whether these preferences will create long-term procurement options in the pharmaceutical sector is one of the key questions for pharmaceutical companies planning to invest in localisation in Russia.

Alexander Sitnikov, Managing partner
21
July

Tightening of administrative responsibility for violation of legislation on the contract system

Before its spring session ended, the State Duma of the Russian Federation adopted Federal Law dated 3 July 2016 No. 318-FZ “On Amendments to the RF Administrative Offences Code”. This law increased the number of actions that can be considered as administrative offenses, involving the violation of procurement procedures, as established by the legislation on the contract system, as well as the tightening of administrative responsibility for specific violations.

Alexander Sitnikov, Managing partner
Ksenia Podguzova, Senior Associate of Commercial 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
21
June

Analytical overview of key issues in the field of real estate, land, and construction

The VEGAS LEX Law Firm has released a collection of publications in the years 2015-2016, on current issues in the field of real estate, land, and construction.

Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
10
June

FAQ on structuring concession projects

Last year, the Federal Law “On Concession Agreements” turned 10 years old. Despite such a significant amount of time, and the volume of implemented projects, questions on structuring concession projects have not diminished. Conversely, with the national economy’s growing needs for infrastructure projects using private investments, and expanding the sphere of application of the concession model, the complexity of concession projects has increased. The more knowledge and experience participants have concerning concession projects, the better they will be able to improve them. This practical experience with concession law creates subsequent questions, the answers to which are not always found in the legislation.

Denis Shtirbu, Head of PPP and infrastructure practice
Irina Dolgikh, Senior associate of PPP and infrastructure practice
29
April

FAS will not pay interest on illegal fine

The Supreme Court of the Russian Federation has confirmed that current legislation does not provide for the possibility of reimbursing interest on borrowed funds used to pay administrative fines unlawfully levied by the Russian Federal Antimonopoly Service.

Alexander Sitnikov, Managing partner
Ksenia Podguzova, Senior Associate of Commercial group
13
April

Changes to the APC RF were made at the initiative of the Supreme Court of the Russian Federation

On 29 October 2014, the Supreme Court of the Russian Federation introduced to the State Duma a draft federal bill No. 638178-6 “On Amendments to the Arbitration Procedure Code of the Russian Federation and in the second part of the Tax Code of the Russian Federation”. The bill not only makes significant changes to the existing provisions of the Arbitration Procedure Code, but also offers an innovation, previously unknown in arbitration procedural law, the institute of summary procedure.

Alexander Sitnikov, Managing partner
Evgeniy Rodin, Partner, Head of Energy practice
17
February

Changes to anti-offshore legislation in early 2016

On the 15th of February 2016, Russian President Vladimir Putin signed Federal Law No. 32 “On Amendments to Parts One and Two of the Tax Code and the Federal Law – On Amendments to Parts One and Two of the Tax Code (regarding the taxation of profits of controlled foreign companies and income of foreign organizations). “ This law amends existing Russian anti-offshore legislation. We present here the most interesting amendments, which should be taken into account when working with affiliated foreign companies and non-corporate tax planning tools.

Yuriy Ivanov, Head of Tax practice
21
January

“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
Ksenia Podguzova, Senior Associate of Commercial group
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