Blog Archives

The Constitutional Court has restricted protection of trademark holders against parallel importers

On February 13, 2018, the Russian Constitutional Court issued the Ruling in which it checked validity of the regime of parallel import and related legal remedies.
The constitutional review was initiated by the company PAG, a notorious importer of labeled medicine goods into Russia. Having acquired of importation of its branded goods without any consent, Sony addressed the customs post with a request to suspend importation of PAG’s goods. Afterwards, grey goods were arrested by the Kaliningrad Arbitrazh Court based on Sony’s injunction request. The Kaliningrad Arbitrazh Court ignored PAG’s arguments that goods were original and satisfied the claims: goods were banned for importation, confiscated and destroyed. The court also made the respondent compensate Sony 100,000 rubles for the infringement.
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Draft law on disclosure of shareholders’ agreement has been introduced to the State Duma

On 8 November 2017 a draft bill(“Bill”) adopting amendments to the EFRS (Unified Federal Register of Companies’ Information) has been introduced to the State Duma of the Russian Federation. The Bill contemplates certain amendments to the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”2 which make it possible to publish in the EFRS the information regarding the rights and restrictions stipulated in the shareholders’ agreement (“SHA”). The Bill is scheduled for the first reading in January 2018.

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Lidings’ Managing Partner Recognized Among the Best Lawyers in Russia by World Trademark Review

The World Trademark Review, professional publication annually identifying the most prominent lawyers around the world focused on trademark legal issues, lists Lidings’ Managing Partner Andrey Zelenin among the best lawyers in Russia.
Based on the results of the research, Andrey Zelenin heading the firm’s intellectual property practice is recommended in enforcement and litigation practice area. The rating particularly states that he “knows how to make complex legal matters digestible. He has an outstanding attitude and is very responsive, too”.
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Draft law on contract manufacturing development of drugs (finished products) has been passed in its first reading by State Duma

On January 19, 2018 State Duma has passed in the first reading the introduced by Russian Government draft law1 (hereinafter – the “Draft law”) providing changes to the Federal law dated 12.04.2010 No. 61-FZ “On drugs (medicines) circulation” (hereinafter – “61-FZ”).
The main changes proposed by the Draft law include the following:
1. Securing the right of foreign drugs (medicines) manufacturers to submit the decision on carrying out an audit instead of a GMP certificate
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Review of the Resolution of the Supreme Court Plenum of the Russian Federation regarding employer’s obligations when employing former state (municipal) officer

On November 28, 2017 Plenum of the Supreme Court of the Russian Federation (hereinafter – the “Supreme Court”) adopted the Resolution “On some issues arising when considering administrative liability cases under article 19.29 of the Russian Administrative Offences Code (hereinafter – the “Resolution”).
The Resolution focuses at ensuring uniform application of article 19.29 of the Russian Administrative Offences Code (hereinafter – the “Administrative Code”) by courts.
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Arbitrazh court supported FAS Russia approach: struggling against parallel import is an unfair competition

On December 13, 2017, the Moscow Arbitrazh Court rendered decision in case No. A40-159212/17 in which KYB Corporation appealed against the warning letter of FAS Russia (hereinafter ─ FAS) regarding the violation of the antitrust legislation by struggling against parallel import.
Under the merits of the case, this warning letter was issued upon the petition from unauthorized importers of goods who alleged that KYB Corporation restricted competition and acted in bad faith (unfair competition).
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Amendments to the Federal Law “On waste production and consumption” entered into force

The main amendments relate to the definitions used in the Law:
  • “waste collection” (collection is carried out by a person who implements further processing, recycling, disposal, placing of collected waste);
  • “waste accumulation” (reference to implementation of waste accumulation in places (on areas), equipped in accordance with the requirements of environmental protection and sanitary and epidemiological population welfare legislation is deleted. The Law stipulates certain article 13.4 where provides requirements to waste accumulation places (areas) and possibility for separate waste accumulation because of separate waste storage under waste types, groups, groups of one-item waste);
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Legal Updates 2018-01-10 16:00:00

RULING: Ruling of the Supreme court dated 11.07.2017 case №53-КГ17-12
SUMMARY: The business name of the non-profit organization is not an intellectual property at the same time it is a “moral right” of the legal entity. Registration of the similar business name may be an unfair competition.
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Russia: TOP 10 IP disputes in 2017

Read full article–300 Rating Confirms Lidings TOP Position Among Best Legal Advisors in Russia

Lidings once again takes a leading position in the rating of the legal advisors in Russia based on the analytical research by the annually reflecting on the latest tendencies in the country’s legal market, highlighting the key players’ achievements based on their practical expertise and financial performance.
Outstanding records of advising large international companies doing business in Russia and major Russian corporations on complex and commercially important projects Lidings is annually ranked among the top Russian and international legal advisors. Thus, the new rating marks out Lidings expertise in key practice areas: Arbitration, Employment, Bankruptcy, Dispute Resolution, Corporate, Intellectual Property, and Pharmaceuticals and Healthcare.
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