Параллельный импорт в Российской Федерации: дифференциация или эрозия ответственности за нарушение исключительных прав?
On February 13, 2018, the Constitutional Court of the Russian Federation declared judgment No. 8-П «On Constitutionality of the Provisions of paragraph 4 of Article 1252, Article 1487 and paragraphs 1, 2 and 4 of Article 1515 of the Civil Code of the Russian Federation in connection with complaint of the limited liability company «PAG», which in many respects is crucial for parallel importers operating on the Russian market. In addition to the question of the constitutionality of parallel imports per se, the Constitutional Court of the Russian Federation touched on several other very important legal topics, including abuse of exclusive rights, individualization of liability for IP infringements, and expressed its attitude towards sanctions imposed by foreign states against Russia. The Constitutional Court confirmed that national exhaustion rule prescribed by the Civil Code of the Russian Federation is not contrary to the Constitution. However, courts must differentiate civil liability when they deal with counterfeited goods and parallel imports due to the fact that parallel importation does not represent equal threat to the right holders compared to counterfeiting. Moreover, it was stressed that in cases of abuse of rights, bad faith behavior or refusal to supply goods to Russia because of compliance with sanctions regime against Russia courts are authorized to deny claims of the right holders to prevent parallel imports.
The paper is focused on assessing the risk factors for Russian manufacturing firms posed by sanctions imposed on Russia by the EU, US, and other countries in 2014. While there is an extensive literature assessing the successes and failures of international sanctions on the economies of both those imposing and targeted by sanctions on a macroeconomic level, we are more interested in trying to understand the corporate response – i.e. which firms evaluate the introduction and increasing scale of economic sanctions as a threat to their corporate strategy, and their possible reactions aimed at adjusting to a changing environment due to the geopolitical shock. Our research, based on a recent survey of manufacturing companies, provides evidence that over the last decade Russian manufacturing firms have become much more integrated into the global economy than is commonly assumed, through foreign direct investment, foreign trade (including imports of both technological equipment and raw materials and components), international partnerships, and by extensively supplying foreign companies that operate in Russia. Considering the self-selection effect of the top-performing firms in terms of foreign trade, we can state that sanctions could prove most harmful not only for the targeted firms, but for the entire population of better-performing and globalized firms involved in foreign trade with the EU and Ukraine. Thus, the impact of the sanctions on the prospects of the Russian manufacturing sector may be very strong over the medium-to-long term.
ON APPLYING RF LABOUR CODE IN COURTS: CONTROVERSIES (summary of presentations at the conference Topical Issues of Court Decisions on Labour Disputes) The summary covers topical theoretical and practical issues of applying RF Labour Code in courts. Labour Code norms and court decisions are considered, proposals on improving the labour laws are put forward. The core of the summary is the paper of B.A. Gorokhov, the Chairman of the Board on Labour and Social Cases of the RF Supreme Court Topical issues of Court Decisions on Labour Disputes.
This article discusses issues related to the current functioning of the defense industry in conditions of sanctions. For ensuring of the defense industry’s sustainable development need to restructure the internal organization of companies. The objects of analysis selected the United Shipbuilding Corporation. On the basis of the analysis mechanisms have been proposed to change the principles of the internal organization of the activities of the USC.
A complex analysis of the social and economic consequences of China, Ukraine, and Russia’s accession to the WTO was used to identify recommendations for the most successful adaptation of Russia to WTO standards. Russia tries to adapt to the WTO standards. The study focuses on the Chinese experience. China’s membership in the WTO is extremely useful for Russia from due to China’s positive influence on the development of its economy , as there has been expansion in the industrial and production sectors of its economy and promotion of goods in world markets, as well as an opportunity to use the WTO’s legal instruments for national domestic market protection.
China’s positive experience as a WTO member somehow contrasts with the described experience of Ukraine. An assessment of Ukraine’s versatile policy and its association with the EU allowed concluded that it is impossible for Ukraine to follow two ways at once: that of Eurasian integration and that of European integration.
Recently, the aggravated trade, economic and political confrontations between Russia and its American and European partners spurred radical changes in Russia’s economic strategy. Areas of such transformations can be determined by understanding both the positive and negative experiences of Russia’s old trade partners, namely China and Ukraine as they joined the world economic environment.
E.P.Gavrilov - doctor of legal sciences, professor of the civil law department of the National research university of the Higher school of economics (Moscow, firstname.lastname@example.org) investigates some amendments which are scheduled to be introduced into сhapter 70 «Copyright» of the Civil сode.
Economic sanctions are an important instrument of the foreign poilicy but they have some important limitations while applied.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/