OneTrust DataGuidance and Gorodissky & Partners have produced a guide to assist organisations in understanding the similarities and differences between the GDPR and the Federal Law of 27 July 2006 No. 152-FZ on Personal Data. Federal data protection law in Russia includes similar provisions to the GDPR, such as a range of controller and processor obligations and data subject rights including erasure, access, and the right to be informed. However, there are also numerous differences between the Law on Personal Data and the GDPR, particularly relating to definitions and scope. This report aims to assist organisations in understanding both laws by highlighting the challenges associated with their differences.
For the purposes of dynamic development of any large and ambitious company, entering a new market is always extremely vital. For the company that, for some reason, does not plan to create its own company, affiliate or subsidiary in a foreign jurisdiction, there are two ways of international expansion: (1) through distribution or (2) under franchising. The Russian market is no exception here – many foreign companies have entered (and keep entering it) by using one of these two commercial schemes.
Eurasian Patent Office received the first Eurasian patent application on January 1, 1996. Now, members of the Eurasian Patent Convention are eight (8) countries: Armenia, Azerbaijan, Belorussia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan.
The UAE exports or re-exports a variety of goods, including agricultural products, light and textile industry articles, plastics, and organic chemistry products. These goods, when imported into Russia, require intellectual property (IP) protection. Patents, trademarks, and designs are key IP assets that must be registered. Appellations of origin and geographical indications are also available for certain products.
This Q&A provides country-specific commentary on the following standard documents:
Trade mark licence: Cross-border.
Copyright licence: Cross-border.
Patents and know-how licence: Cross-border.
Industrial design right licence (short form): Cross-border.
and forms part of Cross-border intellectual property.
This Q&A provides country-specific commentary on the following standard documents:
Assignment of intellectual property rights: Cross-border.
Assignment of trade marks: Cross-border.
Assignment of copyright: Cross-border.
Assignment of patents: Cross-border.
Assignment of industrial designs: Cross-border.
Waiver of moral rights: Cross-border.
Letter confirming assignment of intellectual property rights: Cross-border.
and forms part of Cross-border Intellectual property.
This Q&A guide gives a high-level overview of the data protection laws, regulations, and principles in the Russian Federation, including the main obligations and processing requirements for data controllers, data processors, and other third parties. It also covers data subject rights, the supervisory authority's enforcement powers, and potential sanctions and remedies. It briefly covers rules applicable to cookies and spam.
A Q&A discussing obligations for private-sector data controllers in the Russian Federation to notify, register with, or obtain authorization from the data protection authority under the Russian Federation's comprehensive data protection law before processing personal data. It also discusses any requirements for data controllers to appoint a data protection officer (DPO) and any applicable notification or registration obligations relating to DPO appointments.
This survey is focused on licensing regulations in Russia. The questions were drafted to cover areas of potential deviation from expected norms in respect to core licensing terms (i.e., the basic grant of rights, payment, and termination, as well as registration).
United Arab Emirates (UAE) is considered to be one of the most attractive and lucrative markets for that global companies that operate and expand under a franchise business model. Many international brands are choosing the UAE for the purposes of franchising and distribution due to a high level of foreign investment protection and business comfort which are provided by local laws and the government.
Domains and Domain Names provides expert answers to the most pertinent legal questions, trends and regulation that affect internet domains and domain names around the world. Written by the experts at Gorodissky & Partners, chapter Russia provides a concise yet comprehensive overview of a fast-changing field.
The Franchise Law Review provides an insightful overview of the laws and regulations governing franchise systems in key jurisdictions worldwide. With a focus on recent developments, it also examines the most common practical challenges involved in international franchising, including IP and data protection, tax liabilities and competition law issues.
This Q&A guide gives a high-level overview of the data protection laws, regulations, and principles in the Russian Federation, including the main obligations and processing requirements for data controllers, data processors, and other third parties. It also covers data subject rights, the supervisory authority's enforcement powers, and potential sanctions and remedies. It briefly covers rules applicable to cookies and spam.
A Q&A discussing obligations for private-sector data controllers in the Russian Federation to notify, register with, or obtain authorization from the data protection authority under the Russian Federation's comprehensive data protection law before processing personal data. It also discusses any requirements for data controllers to appoint a data protection officer (DPO) and any applicable notification or registration obligations relating to DPO appointments.
The Q&A guide gives a high-level overview of privacy rules and principles, including what national laws regulate the right to respect for private and family life and freedom of expression, to whom the rules apply and what privacy rights are granted and imposed. It also covers the jurisdictional scope of the privacy law rules and the remedies available to redress infringement.
This Q&A provides country-specific commentary on the following standard documents:
Assignment of intellectual property rights: Cross-border.
Assignment of trade marks: Cross-border.
Assignment of copyright: Cross-border.
Assignment of patents: Cross-border.
Assignment of industrial designs: Cross-border.
Waiver of moral rights: Cross-border.
Letter confirming assignment of intellectual property rights: Cross-border.
and forms part of Cross-border Intellectual property.
This Q&A provides country-specific commentary on the following standard documents:
Trade mark licence: Cross-border.
Copyright licence: Cross-border.
Patents and know-how licence: Cross-border.
Industrial design right licence (short form): Cross-border.
and forms part of Cross-border intellectual property.
The number of protectable and marketable intellectual property subject matters is constantly growing. Disposal and protection of the exclusive rights can be quite a sophisticated problem for many holders of intellectual property objects, both economically and legally, since it requires business spirit, managing talent, and established competence.
This article describes the basic regulations that govern online sales and highlights the important provisions of the new e-commerce rules. It also comments on the suggested initiative relating to the consumer dispute resolution procedure.
Domains and Domain Names provides expert answers to the most pertinent legal questions, trends and regulation that affect internet domains and domain names around the world. Written by the experts at Gorodissky & Partners, chapter Russia provides a concise yet comprehensive overview of a fast-changing field.
The General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Federal Law of 27 July 2006 No. 152-FZ on Personal Data ('the Law on Personal Data') both aim to guarantee protection for individuals' personal data and apply to organisations that collect, use, or share such data. Both laws share similar provisions, for example, in relation to legal basis for processing. However, the Law on Personal Data differs from the GDPR in some significant ways.
This is the fourth edition of The Trademarks Law Review. Our authors have covered recent or imminent changes to trademark law and practice in their countries.
A guide to intellectual property law in the Russian Federation. The IP in business transactions Q&A gives an overview of maintaining an IP portfolio, exploiting an IP portfolio through assignment and licensing, taking security over IPRs, IP and M&A transactions, and the impact of IP on key areas such as competition law, employees and tax.
Globally, data privacy and protection have become one of the most discussed topics in the information technology (IT) legal sector in the last couple of years, and the Russian jurisdiction is no exception in this regard.
International Opposition Guide - a searchable database of basic, practical information on the structure of trademark opposition and related practices in numerous jurisdictions worldwide. Topics covered include: availability, feasibility and merits of pursuing opposition before incurring costs or retaining a local representative. INTA gratefully acknowledges the efforts of the Editors and Contributors of this publication.
Chapter Russia of international analysis for corporate counsel and cross-border legal practitioners in such key areas of franchise as: governing bodies, laws and agencies, exemptions and exclusions from franchise laws, ground rules for franchise termination, restrictions on foreign entities and investments, confidentiality covenants in agreements, restrictions on franchise agreements and good faith obligations and franchise relationships.
Trademark Cancellations - a searchable database of practical information on trademark cancellation practice and procedure in numerous jurisdictions worldwide. Topics covered include: availability of cancellation proceedings; applicable grounds; venue; representation; time frames; estimated costs; and rights of appeal.
This article examines the upcoming amendments and highlights the new enforcement possibilities that will be available to copyright holders in Russia. The changes will also be relevant for businesses that own and operate mobile apps, which should take into account the new provisions and the associated risks if their mobile apps contain pirated content.
The outbreak of Covid-19 disease has rapidly caused a global emergency that has involved our lives in numerous ways. It is important to assess whether the concept of “force majeure” may apply, what remedies may be provided on the basis of the applicable laws chosen by the parties or found under the rules governing private international law.
This briefing is intended to provide an initial informative overview on some of the legal implications related to the pandemic in the leading and strategic jurisdictions herein analysed.
Sergey Medvedev, PhD, LLM, Partner (Gorodissky & Partners, Moscow), became a contributor of Russian Chapter in Q&A Section On Covid19 and International Contracts published by the International Distribution Institute (IDI)
This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects, rights to access personal data or object to its collection, and security requirements. It also covers cookies and spam, data processing by third parties, and the international transfer of data. This Q&A also details the national regulator, its enforcement powers, and sanctions and remedies.
Expert contributors answer the key questions of concern to corporations and their counsel when dealing with licensing laws in foreign jurisdictions. Areas covered include: kinds of licences, law affecting international licensing, intellectual property issues, software licensing, royalties and other payments, currency conversion and taxes, competition law issues, indemnification, disclaimers of liability, damages and limitation of damages, termination of licensing agreements, bankruptcy, governing law and dispute resolution.
Only Russian patents, which are granted by the Russian Patent Office (RU PTO) under the national procedure or PCT-application process, and Eurasian patents, which are granted by the Eurasian Patent Office (EAPO), are enforceable, and, therefore, subject to litigation in Russia. Foreign patents as well as patents pending cannot be litigated, although pending patents are granted a provisional (interim) protection.
Keywords play an important role in e-marketing. After typing a specific product name, company name or brand in a search engine, potential customers and users may view specific offers and data, including ads. Further, the list of offers may represent certain keywords selected by an advertiser. Unsurprisingly, the selection and reproduction of designations as keywords can trigger various trademark use concerns that inevitably lead to enforcement issues.
On 24 June 2019 FAS issued Letter АК/52901/19 on Clarifications on the Issue of Advertising in Messengers (Viber, WhatsApp), the Classification of Information as Advertising and Methods to Detect Advertisers. The letter is notable as it reveals the regulator's approach to advertising campaigns disseminated via various instant messaging services.
Big Data is a new technological phenomenon which has emerged in the context of today's global digital economy. It is normally used in conjunction with other innovative digital products, such as artificial intelligence, cloud computing and the Internet of Things.
Ilya Goryachev and Sergey Medvedev of Gorodissky & Partners examine the law in Russia on employee-created copyrighted work and employee-created patentable inventions, providing advice on how to minimize the risk arising from such IP
This article is part of the INTA Guide: Trademark Cancellations International Practice and Procedures. To read the article, please visit applications.inta.org.
On 1 July 2018 new data storage rules took effect for telecoms operators in Russia. The new rules were approved for application by Government Resolution 445 of 12 April 2018.
On 1 July 2018 new data storage rules took effect for online data distributors (organisers) in Russia. The new rules were approved for application by Government Resolution 728 of 26 June 2018.
The Q&A guide gives a high-level overview of privacy rules and principles, including what national laws regulate the right to respect for private and family life and freedom of expression; to whom the rules apply and what privacy rights are granted and imposed. It also covers the jurisdictional scope of the privacy law rules and the remedies available to redress infringement.
On 1 July 2017 the Federal Law of 1 May 2017 on the Amendment of the Federal Law on Information, Information Technologies and Data Protection and Certain Legislative Acts (the Audiovisual Services Law) took effect.(1) The law introduced an innovative legal regime for the operation of streaming and video on demand (VOD) services in Russia.
Foreign brand owners are free to enter into direct or indirect trademark licensing agreements in Russia. However, in order to be valid and enforceable, these agreements must contain key terms and be recorded with the Federal Service for Intellectual Property
Brand owners seeking to enforce their rights against cybersquatting and other online infringement in Russia should be clear on the different rules and practices, says Sergey Medvedev of Gorodissky & Partners (Russia).
DataGuidance confirmed, on 18 December 2017, with Sergey Medvedev and Ilya Goryachev, Senior Lawyers at Gorodissky and Partners, that, on 15 December 2017, the Council of the Federation passed Draft Law No.184271-7 on Amendments to the Code on Administrative Offences of the Russian Federation ('the Draft Law').
DataGuidance confirmed, on 12 December 2017, with Sergey Medvedev, Senior Lawyer at Gorodissky and Partners, that the regional offices of the Federal Service for the Supervision of Communications, Information Technology and Mass Communications ('Roskomnadzor') for the Central Federal District, the Siberian Federal District and the Urals Federal District had released their inspection plans for 2018 ('the Inspection Plans').
Good faith and fair dealing are the main principles of Russia's civil-law system and are enforced by Russian courts in all disputes. Franchising is not an exception.
Russia’s new law aimed at further regulating instant messaging services will come into force on 1 January 2018. Sergey Medvedev and Ilya Goryachev of Gorodissky & Partners discuss the new legal obligations that the providers of instant messaging services in Russia will need to comply with.
The Russian Civil Code, and in particular Part IV, is the primary legislation for trademarks, among various types of intellectual property. The code governs the prosecution, exploitation, licensing and enforcement of trademark rights. Other local administrative regulations, federal laws and procedural codes support the trademark protection and enforcement regime.
This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. This article is part of the global guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-guide.
Experts from Canada, Germany, Russia and the United States discuss cutting-edge strategies for the creation of resilient licensing programmes which can maximise the prospects of commercial success while reducing risk
The Federal Law of 7 February 2017 No. 13-FZ on Amendments to the Code of Administrative Offences (‘the Personal Data Violations Law’), which significantly reforms the procedure and circumstances in which the Federal Service for Supervision of Communications, Information Technology, and Mass Media (‘Roskomnadzor’) can impose sanctions on companies for violations of data protection legislation, entered into force on 1 July 2017. Sergey Medvedev and Ilya Goryachev of Gorodissky & Partners analyse the background to, and implications of, the Personal Data Violations Law for data controllers in Russia.
Russia’s Anti-Piracy Law has been an effective tool for IP owners seeking to enforce their rights online, as Evgeny Alexandrov and Sergey Medvedev of Gorodissky & Partners report.
A well-balanced internal domain name policy is vital. Those doing business in Russia should consider national domain requirements, as well as national domain litigation practice
Sergey Medvedev as Russian Trademark and Design Attorney and representative of the Gorodissky law-firm in the frame of the IP Summit 2016, has the pleasure to introduce the "Trademarks vs. Domain names"; workshop which will be discussed by his colleague, Mr Ilya Goryachev, as well as with Mr Matthieu Aubert, Legal manager of SafeBrands. We warmly thank him for this valuable contribution about the domain names dispute resolutions in Russia.
In Russia, domain name disputes are currently on the rise at trial. Unfair competitors, former distributors and speculating cyber-squatters are appropriating and using various attractive types of domain names resembling (copying) famous brands, trademarks and trade names which are usually protected as intellectual property rights in Russia.
Over the last decade, franchising has become a very attractive commercial and contractual model in Russia. Many domestic and foreign companies use the franchise model to expand into various regions and territories in Russia.
Franchising is an attractive contractual tool from a commercial perspective and has recently experienced a rapid boom in Russia. A number of foreign franchises are going global by entering the Russian market in order to develop their businesses, while many local companies are expanding within the country through application of the franchising model.
Brand protection in the digital space has become more complicated over the last few years. Cybersquatters and bad-faith market participants are adopting new tactics and abusing new loopholes presented by the rapid growth of e-commerce and development of internet technologies.
Russian laws do not exactly define the concept of ambush marketing or expressly restrict this practice, but ahead of the 2018 World Cup there is a full set of provisions that can effectively combat ambush marketing in Russia, as Vladimir Biriulin, Partner, Russian Patent Attorney, Head of Legal Practice and Sergey Medvedev, Ph.D., LL.M., Russian Patent Attorney, Senior Lawyer of Gorodissky & Partners report.
A Q&A guide to privacy in the Russian Federation.
The Q&A guide gives a high-level overview of privacy rules and principles, including what national laws regulate the right to respect for private and family life and freedom of expression; to whom the rules apply and what privacy rights are granted and imposed. It also covers the jurisdictional scope of the privacy law rules and the remedies available to redress infringement.
To compare answers across multiple jurisdictions, visit the Privacy Country Q&A tool.
This article is part of the global guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.
A Q&A guide to data protection in the Russian Federation.
This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies.
To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool.
This article is part of the global guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection- mjg.
Do mobile application developers have «safe harbor» against copyright infringement? Sergey Medvedev, Gorodissky & Partners, considers a recent ruling of the Russian IP Court
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