Maxim Ali has explained to Pravo.ru the contrary logic of the courts of different instances while considering the dispute over the protection of an exclusive right to a computer programme
Maxim Ali, Partner, Head of IP/IT Practice at Maxima Legal, told Pravo.ru legal media that software developers often move from one company to another and create their own startups in the same area in which they used to work. According to the expert, the former employer sees that his former employee has created a similar product and begins to…
29.11.2022
Konstantin Boytsov has commented for Novy Prospect on the current position of the Russian Supreme Court regarding unauthorised constructions
According to the Civil Code of the Russian Federation, buildings and structures erected without necessary permits or in non-compliance with established norms are recognised as unauthorised. In 2015, officials were given the right to decide on the destruction of real estate in an administrative procedure. Having analysed the emerging practice, the…
24.11.2022
Maxim Ali has explained to Pravo.ru why the conclusions of the courts of general jurisdiction on the protection of rights to photographs differ from the position of the Supreme Court
The Supreme Court of the Russian Federation referred a case for reconsideration concerning compensation for moral damage for the theft of photographs and the application of a logo on them without the author's consent. The lower courts considered that, based on the Civil Code of the Russian Federation, the right to dispose of the product of…
23.11.2022
Nikita Deynega has explained to Cbonds why private investors want to join NSD's lawsuit to lift sanctions
A group of holders of financial assets frozen by European securities depositories in connection with the inclusion of National Settlement Depository (NSD) on tje EU sanctions lists, working together with the assistance of Maxima Legal and foreign consultants, has submitted an application to the EU General Court on behalf of one of the investors to…
17.11.2022
RBC has quoted Sergei Bakeshin commenting on the winner's challenge to the tender results
Transagro Agrarian Corporation, which in September 2022 won the auction for the sale of the Luzhsky Feed Milling Plant property, is trying to abandon the deal. On the grounds that the agent who represented it had offered an unapproved "unreasonably high price" of RUB 350m, the company requests that the results of the procedure be declared invalid.…
15.11.2022
Sergei Bakeshin has commented for Novy Prospect on the winner's challenge to the results of the auction for the sale of the bankrupt agribusiness enterprise's property
In September 2022, A-Group, acting for Novosibirsk-based Agrarian Corporation Transagro, won an auction to sell the assets of Luzhsky Feed Mill as part of bankruptcy proceedings. However, the winner is now trying to invalidate the auction results in a court due to "violations of the rules established by the current legislation", in particular, the…
15.11.2022
Maxima Legal has helped first investors join NSD's fight to lift sanctions
A group of owners of financial assets frozen by European securities depositories in connection with the inclusion of National Settlement Depository (NSD) in the EU sanctions lists, working together with Maxima Legal and foreign consultants, has submitted an application to the EU General Court on behalf of an investor to join NSD's claim to…
14.11.2022
Maxim Ali has analysed for Delovoy Peterburg an attempt by Polysan pharmaceutical company to ban a competitor from bringing an identical drug to market
A dispute between Polysan Scientific and Technical Pharmaceutical Firm, on the one hand, and Grotex LLC and the Ministry of Health, on the other hand, ended in the Commercial Court of Moscow. "Polysan requested that Grotex (Solopharm brand) be prohibited from marketing Flatocin and the Ministry of Health from registering the drug. According to the…
14.11.2022
Dmitry Uryakin analysed for CRE the current situation with the lease of retail space by suspended foreign companies and the prospects for resolving disputes with landlords
The majority of foreign companies which suspended their operations in Russia in February-March are planning to decide on their further actions by December. There are several options: withdrawal, rebranding/downbranding, transferring representative offices to interested parties from other countries, withdrawal from contracts with individual shops.…
11.11.2022
Dmitry Uryakin commented to Pravo.ru on the position of the Supreme Court of the Russian Federation regarding the registration by a gardening cooperative of ownership rights to plots of land provided for collective joint ownership of its members
The Mechta gardening cooperative received a permanent perpetual right to a plot of land in 1993, most of which was subsequently transferred to the ownership of the dacha owners. At the same time, 2.41 ha, where mainly the paths between the dachas were located, became the collective joint property of the members of the gardening cooperative. In…
10.11.2022