Analytics Legal analytics Commercial practice

6
March

Antitrust Compliance Law Adopted

On March 1, 2020, the President of the Russian Federation signed a law amending the Law on the Protection of Competition and at the level of federal legislation defines the concept of antitrust compliance and the basic requirements for it.

Alexander Sitnikov, Managing partner
Ksenia Podguzova, Senior Associate of Commercial group
Alina Zaitseva, Associate of Commercial group
21
March

From equivalence to interchangeability and vice versa

Interchangeability of medicines has always been of concern to pharma market participants. However, year by year, this issue brings up more questions than answers. From January 2018 the information on interchangeability of medicines will be subject to inclusion into the state register of medicines.

9
November

Personal data protection in Russia: a brief overview

The protection of personal data is becoming one of today’s most pressing issues, resulting in modernization of national legislation on personal data. Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" (as amended) (hereinafter The Law
Personal Data) defines the basics of personal data regulation in Russia. The General Data Protection Regulation (GDPR), which will take effect in May 2018, gives rise to more discussion than any other supranational act. The GDPR will be directly applicable to a number of Russian companies, since they collect data of European citizens.

9
October

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, September 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).

Сollective of authors, VEGAS LEX
9
August

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, July 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).

Сollective of authors, VEGAS LEX
24
April

Differentiation of liability for anti-competitive agreements

Federal Law No. 135-FZ dated July 26th, 2006 and entitled “On protecting competition” established several types of anti-competitive agreements that are prohibited (cartels, vertical agreements, and other agreements). These varieties differ significantly from each other in terms of the degree of their negative impact on competition and the threat they present for the public. However, until just now the measures for administrative enforcement that could be taken with people who signed any one of these anti-competitive agreements did not differ from each other in any way.

Alexander Sitnikov, Managing partner
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
October

Trade Act: new rules

In July of this year, substantial changes were made to the Federal Law dated 28.12.2009 No. 381-FZ “On the Basis of State Regulation of Commercial Activities in the Russian Federation”. The most controversial and debated turned out to be a new provision, which provides for the limitation of the total amount of remuneration payable to suppliers of food products to retail chains for the acquisition of a certain number of goods, and the payment for additional services.

Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Ksenia Podguzova, Senior Associate of Commercial group
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
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
13
August

SPIC 2.0: Mechanism for development of innovations and introduction of modern technologies

On 2 August 2019, the President of the Russian Federation signed a legislative package concerning significant reforms for the mechanism of special investment contracts. Amendments refer to legal regulation in industrial policy and affect tax and fiscal legislation.

In this review, VEGAS LEX experts have analyzed changes, goals and prospects of the updated SPIC mechanism.

Alexander Sitnikov, Managing partner
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
Natalia Abtseshko, Head of International projects group
Artem Gasparyan, Associate of Southern directorate
13
November

Advertising legal requirements (Practical overview)

Advertising is a socioeconomic phenomenon whose uniqueness is marked by the continuous development of techniques and methods to share advertising information with consumers. Companies are always moving forward, creating new approaches how to produce advertising. This requires advertisers to be guided by law enforcement practices. This alert does not presume to analyze the entire scope of legal requirements and constraints that cover advertising, but it is intended to provide a brief practical overview of the main legal restrictions for advertising.

7
November

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, October 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).

Сollective of authors, VEGAS LEX
4
September

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, August 2017

Within the framework of VEGAS Academy platform, we continue our monthly series of video updates on the key regulatory developments in the Russian pharmaceutical sector (in English language).

Сollective of authors, VEGAS LEX
11
July

VEGAS Academy: regulatory updates for the Russian pharmaceutical sector, June 2017

In terms of development of VEGAS Academy inner platform we introduce a new instrument created for supporting internal information space of our growing Life sciences practice. That is monthly series of video with comments on news and current legal framework of pharmaceutical industry in Russia (in English language).

Сollective of authors, VEGAS LEX
13
October

The alcoholic products market: actual problems, regulation, litigation

The alcohol market occupies a leading position among the other branches of the food sector in Russia, bringing considerable income into the state budget. During the years 2012-2014, as a result of a sharp increase in excise rates on alcoholic beverages, and the general deterioration of the economic situation, retail sales of alcohol in Russia decreased by almost one quarter, due to outflow of consumers to the illegal sector. In this regard, the Federal Service for the Regulation of the Alcohol Market in Russia has taken a number of measures, which in 2015, were able to halt the decline in retail sales of alcoholic beverages

Natalia Abtseshko, Head of International projects group
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
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
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
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