Maria Ostashenko

Maria Ostashenko

Partner
Maria Ostashenko

Chambers Europe

She is pleasant and kind to work with, responds fast, and has a good understanding of the situation and what needs to be done.

Biography
Recent work
Publications and Insights
Rankings and awards

Maria Ostashenko is a Partner at ALRUD Law Firm, heading Commercial, Intellectual Property and Data Protection and Cybersecurity practice areas.

Leading team of Commercial practice Maria advises ALRUD clients on managing credit risks of parties, on forms of legal presence and models of conducting business in Russia, supports launching start-ups and implementation of complex projects related to international contracts.

In the Intellectual property area Maria renders legal support for formalizing IP rights, use, management and protection of brands and intangible assets, conducting marketing campaigns and advertising. She possesses extensive experience of resolving disputes regarding intellectual property, including alternative dispute resolution.

Maria represents international clients in the matters involving data protection regulation in Russia, advises on obligations of operators related to data processing, including cross-border data transfers, structuring data flow between the members of international groups.

Maria supports Russian and foreign clients providing her expertise in areas including pharmaceuticals and healthcare, FMCG, banks and financial institutions, retail trade, telecommunications, media and technology.

Maria is a frequent speaker at major Russian and foreign conferences and workshops, and an author of many analytical articles published in legal periodicals. Maria is a member of International Bar Association (IBA), International Trademark Association (INTA), International Technology Law Association (iTechLaw), International Distribution Institute (IDI), International Association of Privacy Professionals (IAPP). Maria also took part in working on the draft amendments to the Civil Code of the RF and presently conducts workshops on the Civil Code developments.

Maria Ostashenko graduated from the Moscow State University in 2004 and was awarded a LL.M. degree in private law by the Russian Private Law School by the President of the RF in 2006. Maria joined ALRUD team the same year.

Include advising:

An innovative biopharmaceuticals manufacturer, global manufacturing leader in orphan disease treatment,

on relations with distributors in Russia and CIS countries, marketing strategy and activities.

A world-famous US manufacturer of smart phones and tablets

on issues related to the Client’s advertising campaigns in Russia.

A UK luxury fashion brand

on the issues related to business activities in Russia, including on entering into distribution agreements and importing products into Russia.

A retail group managing a worldwide coffeehouse chain

on entering into franchise agreement with a Russian partner and importing goods into Russia.

An international payment system

regarding Russian data protection legislation requirements applicable to the Client’s products and to cross-border data transfers within the company group.

Numerous clients from the retail industry

on protecting brands against infringements in the internet.

Maria Ostashenko is the author of Data Protection and Cyber Security
The In-House Lawyer and The Legal500 publishers have published the Data Protection and Cyber Security Guide, which focuses on various data protection and cybersecurity issues in 23 jurisdictions. The authors of the guide are experts of leading law firms from around the world, which are included in The Legal500 ranking. The Russian part was prepared by ALRUD Partner Maria Ostashenko, who was recommended by The Legal500 EMEA rating in the field of intellectual property, telecommunications, media and technology, and dispute resolution. In-House Lawyer is a law magazine and online portal that provides reliable information, in all areas of law, for inhouse lawyers of companies. The Legal500 guides, which have been published over 33 years, provide the most extensive and accurate information about law firms, from more than 150 countries. You can read the full text of the publication here.
1579813200000
New sanctions for failure to localize personal data in Russia
We would like to inform you that on the December 2nd, 2019, the President has signed the draft law introducing amendments to the Code of Administrative Offences of the Russian Federation (“Law”). In particular, the Law sets out new administrative fines for non-compliance with so-called localization requirement. The amount of related fines may be up to RUB 18,000,000 (approx. EUR 255,000, USD 282,000). This is extremely high, in comparison with other penalties, under Russian data protection laws. Under the Law, it shall enter into force upon its official publication, which also took place on December 2nd, 2019. Background On September 1st, 2015 the so-called data localization requirement entered into force. It implies that certain operations on Russian citizens’ personal data shall be performed in databases located in Russia. Companies operating in Russia made great efforts to fulfil this new requirement. At the same time, blockage of a website, or app, remained the only straightforward enforcement action against those who did not comply with the localization requirement. The best known example is LinkedIn, which is still not available for users in Russia. Roskomnadzor (Russian data protection authority) found some workarounds allowing to bypass this regulatory gap and impose certain fines de facto for data localization reasons. In particular, it requested information on the location of the database, or prescribed rectification of revealed violation of the localization requirement (e.g., Facebook and Twitter cases). Failure to fulfil such orders is a ground for imposing administrative fines on the respective data controllers. However, their amount was too low for ensuring effective enforcement. Roskomnadzor was not satisfied with such state of affairs and insisted on introducing new enforcement mechanisms. New fines According to the Law, the fine imposed on the companies may be up to RUB 6,000,000 (approx. EUR 85,000, USD 94,200) for the first localization offence and up to RUB 18,000,000 (approx. EUR 255,000, USD 282,000) for the subsequent offence. Such high fines can significantly affect the privacy landscape in Russia. If, previously, risks for the companies processing personal data of Russian citizens, in cases of non-compliance with the localization requirement were rather remote, now they may become the most important issue in terms of data protection. Localizing data according to Russian laws still remains a great challenge requiring high costs (especially for data-driven companies), but now it may become a “must-have” measure for those companies which are planning to develop their business in the Russian market. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Data Protection and Cybersecurity Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
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Adoption of the Law on pre-installation of Russian applications
On December 02, 2019, a Federal Law amending the Law on Protection of Consumer Rights and introducing the concept of pre-installation of Russian applications into the existing legislation was adopted. Adoption of this law is initiated by the need to adapt the current legislation to ensure protection of citizens’ interests in time of modern technologies’ development influencing the market conditions in general. The law comes into force on July 01, 2020. The initial concept of pre-installation of Russian applications was developed by the Federal Antimonopoly Service (FAS) after a number of high-profile cases on antitrust violation of such IT giants as Google and Microsoft, during which the possibility of exercising uncompetitive advantages by international developers of programs via pre-installation of their own applications and, consequently, setting barriers for the Russian developers, had been revealed. This concept was based on the Roadmap for the development of competition in the economic sectors of the Russian Federation and the transition of certain areas of natural monopolies from a state of a natural monopoly to a competitive market for 2018-2020. According to this, conditions for the development of competition in the market for applications for user equipment shall be created. Contents of the law According to the law, when selling certain types of technically-complex products with pre-installed programs for electronic devices (in particular, smartphones, computers, TVs with the Smart TV function), the producer shall be obliged to pre-install a number of Russian programs to such devices. According to the explanatory note, the law is aimed at pre-installing additional applications and programs focused on the Russian users, as well as at protecting interests of Russian internet companies, in order to reduce possible abuses of powers by large foreign companies active in the information technologies market. List of devices, for the sale of which it would be necessary to comply with these requirements, as well as the list of applications to be installed, shall be approved by the Russian Government. For implementation of such requirements, the State Duma currently considers a bill on amendments to the Code of the Russian Federation on Administrative Offenses. According to the bill, sale of certain types of technically-complex products with pre-installed programs for electronic computing devices in breach of these requirements on pre-installation of Russian applications will entail an administrative fine: from RUB 30 000 to 50 000 for the company’s officials and from RUB 50 000 to 200 000 for the legal entities. Main categories of pre-installed applications The law does not currently contain direct reference to any categories of products, with regard to which the law might be applied. At the same time, according to the initial concept of pre-installation of Russian applications, proposed by the FAS in an alternative bill, the following categories of programs were supposed to be pre-installed: Antivirus software; Search engines; Navigation systems; Mail services and social medias. Furthermore, there are also independent expert opinions distinguishing the following categories of applications, with regard to which Russian developers may compete with foreign applications and, thus, which may be potentially considered for pre-installation: Mobile applications: search engines, mail, cloud services, navigation systems, social networks, document editors, antivirus applications, music services and Digital TV; PC applications: search engines, cloud services, navigation systems, music services, document editors and Digital TV. Our recommendations The considered law will significantly change the conditions of functioning of the markets, create additional advantages for Russian developers carrying out their business activities in Russia. Whereas, producers of technically-complex products shall regularly monitor the approved list of devices and applications, with regard to which pre-installation requirements are applied. Moreover, additional analysis and assurance of the technological capability of the alternative Russian software pre-installation might be required. At the same time, at the moment it is not completely clear how compliance with the requirements for pre-installation of applications shall be monitored. It seems that there is a risk of holding manufacturers of technically-complex products liable for violations of the requirements for pre-installation of applications when selling products that had been put on sale prior to coming into effect of the considered law or prior to inclusion of the corresponding device or software in the list approved by the Russian Government. It is expected that some transitional period should be introduced, during which the activities of developers should be brought into compliance with the new legal requirements in Russia. Furthermore, the Russian Government shall clarify also the list of devices and to-be-preinstalled applications. Even though the law has not come into force yet, its provisions should be considered already now in order to effectively adapt business activities to the new legislative requirements in the future at a short notice. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Industry: Telecommunications, media and technology Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
1575406800000
On important provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10
On April 23, 2019 the Plenum of the Supreme Court of the Russian Federation adopted the Resolution No. 10 “On Application of the Fourth Part of the Civil Code of the Russian Federa-tion” that summarizes the judicial practice in the area of intellectual property of the recent years. Follow the link to find our brief comments with respect to the most important provisions of the Resolution.
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Main approaches of enforcement practice in the area of data protection and positions of Roskomnadzor: practical guidance
In recent years, the Federal Service for Supervision of Communications, Information Technology, and Mass Media («Roskomnadzor») and Russian courts have developed many positions and approaches that data controllers should take into account in their activities. Below, you can find some practical recommendations based on these positions and approaches, as well as on the practical experience of our lawyers. This review does not constitute legal advice. However, we believe that it can serve as a practical guidance for companies willing to ensure compliance with Russian personal data laws and to consider the practical aspects of their enforcement. Click here to download the file. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Data Protection and Cybersecurity Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
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Introduction of digital rights and amendments to the requirements to the form of transactions
This is to inform you that, on March 18 2019, the Federal Law of the Russian Federation on “Introduction of amendments to the first, second part and Article 1124 of the third part of the Civil Code of the Russian Federation” (the “Law”) was adopted. The Law edits the list of objects of civil rights and introduces a new concept “Digital rights”, andalsoamends the requirements to the form of transactions to the Civil Code of the Russian Federation (“СС RF”). The Law comes into force on October 01, 2019. Asthe Law provides for amendments relevant to conducting business using information technology, including the Internet, we would like to inform you on key provisions of the Law. 1. Digitalrights Pursuant to the Law, the Digital rights are property rights. As such, the content and conditions for their exercise are determined by the rules of information system, where such rights exist. The authors of the Law comment that, in the first instance, the Law is aimed at regulating crypto-currency, anti-money laundering and terrorist financing. It also introducesthe possibility of including the Digital rights to estate, or bankruptcy estates. Execution and disposal of the Digital rights areonly possible within the information system and through making relevant entries into the information system. A person who can dispose of such right, by the rules of the information system, is deemed to have the respective Digital right. At the same time, the transfer of a Digital right, under a transaction, does not require consent of theperson bound by such Digital right. The Law does not provide for any specific characteristics, or classification, of the Digital rights and does not define,norstate, the features of types of information systems. The relevant rules will be specified in other regulations, including the law on “Digital financial assets”, the enactment of which is expected soon. 2. Formoftransactions The Law supplements Article 160 of the CC RF with a provision on compliance with the written form of transaction, when such a transaction is made using such electronicor technical means that allow unchangeablereproduction ofthe transaction content on physical media. The Law also simplifies the rule for signing such transactions and states that the signature requirement is fulfilled if the signing method allows reliable identification of the person agreeing to the transaction. However, either the law, or anagreement between the parties, may provide for a different (e.g., more complicated) procedure foridentification of the person. These amendments reflect the existing practical aspects of contracting in electronic form through determining parties, e.g., by using SMS or biometric identification, without threatening their validity and avoid the need to enter into a separate agreement on signing of such transactions. 3. Smartcontracts In addition to that, the Law establishes the possibility of executing a transaction, using information technology upon the occurrence of the circumstances specified in such transaction, without making a performance request to the counterparty. This provision of the Law allows the parties, for example, to agree on the automatic execution of transactions, including so-called “smart contracts”. Therefore, in general, the Law expands the legal regulation of the use of information technologies by in-troducing the concept of “Digital rights” and the rules for performing “smart contracts”, as well as simplifies signing of transactions in electronic form. ALRUD specialists are ready to provide any necessary legal assistance in all matters related to use of these mechanisms and new provisions of CC RF. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Commercial, Financial technology Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
1554757200000
New rules of audits/inspections of companies processing personal data by the Russian Data Protection Authority
We would like to inform you of the new rules of audits/inspections of companies processing personal data approved by the Decree of the Russian Government dated February 13, 2019 No. 146 «On Approving the Rules on Arranging and Exercising Control over Compliance of Personal Data Processing» («Decree»). The Russian Data Protection Authority (DPA) is entitled to investigate companies’ compliance with data protection laws. For this purpose, it conducts audits/inspections (scheduled/unscheduled) in accordance with the rules specified in the legislation. The Decree sets out a new set of rules whichcompletely replacethe previous ones. The key changes introduced by the document are as follows: Certain categories of companies can be inspected more frequently. For example, companies processing sensitive and biometric data; companies acting in the capacity of data processors which are processing data on behalf of data controllers which haveno presence in Russia; companies transferring data to countries considered «inadequate» under Russian law, in terms of data protection (e.g., USA). There is an additional ground for unscheduled inspection. This ground is a decision of the DPA based on monitoring of the company on the Internet (e.g., if data is collected and otherwise processed through websites/app).or analysis of any available information (e.g., information contained in data subjects' complaints; any information in a public domain). Companies will have maximum 6 months to rectify violations revealed in the course of inspection. After inspection, the DPA requests the company to rectify revealed violations. Previous legislation did not set out statutory deadlines for companies to comply with such requests. Under the Decree, the deadline cannot exceed 6 months. The DPA can suspend data processing activities for a period, until the company rectifies violation. This is not a new enforcement power of the DPA. However, unlike previous regulations, the Decree clearly specifies a case/ground where the DPA will request suspension of processing activities - if company does not rectify violation upon request of the DPA, and this violation is sensitive in terms of data subjects' rights and legitimate interests. Apart from inspections, the DPA supervises compliance by way of monitoring companies on the Internet, or analyzing any available information about their processing activities (e.g., information received from data subjects, any other parties, or available in a public domain). Upon such monitoring, the DPA is entitled to request the company to rectify notifiedviolations. If the company does not comply, it will face administrative fines. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Data Protection and Cybersecurity Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
1551646800000
The Supreme Court of the Russian Federation clarified application of general provisions of the Russian Civil Code on contract
At the end of the last year, the Plenum of the Supreme Court of the Russian Federation (the “Supreme Court”) adopted the Ruling dated December 25, 2018 No. 49 “On some issues on application of general provisions of the Civil Code of the Russian Federation (the “Civil Code”) on entering into and interpreting the contract” (the “Ruling”) clarifying the general provisions of the Civil Code in relation to entering into a contract, its content, and interpretation. This Ruling highlights essential practical issues on entering into a contract when making offer and acceptance, concluding a contract in legal proceedings as well as clarifies application of rules onpublic offer and preliminary contracts and representations. The Ruling maintains an approach to saving legal force ofa contract when interpreting it. These rules have a prac-tical use and will be useful for entrepreneurs in conclusion and performance of various contracts. In this regard, we would like to inform you of the key points of the Ruling. 1. Enteringinto a contract The Supreme Court has confirmed the absence of necessity to perform all conditions of the offer before performance of the contract to recognize such actions as acceptance. Thus, the offer shall be treated as accepted in case of availability of the offer and commencement of performance of its conditions within the period specified in the offer. 2. Publicoffercontract The Supreme Court clarified that loan agreements and voluntary property insurance contracts are not included in the scope of public offer contracts regulation. Moreover, it has been noted that the contractor of a public offer contract is entitled to categorize consumers for establishing different prices, in particular, based on objective personal characteristics. However, this categorization shall be introduced to consumers (for example, via a website). The Ruling also covers the possibility of termination of a public offer contract unilaterally. A party is entitled to terminate or refuse to perform a public offer contract if the consumer violated its terms and there is a legal provision allowing such termination. Similar regulation is related to public offer agreements between entrepreneurs. 3. Preliminarycontracts The Supreme Court has divided preliminary contracts and sales agreements with a pre-payment clause. Thus, if a contract includes a clause on payment of the whole price or its significant part before entering into a principal contract, it shall be qualified as a sales agree-ment with a prepayment clause. If there is no such clause, the contract shall be treated as preliminary contract. Besides, a preliminary contract should not be registered even if the principal agreement requires such state registration. 4. Representations The Supreme Court has determined that if representations have a direct link with a subject matter of the agreement, such representations shall be governed by the rules on representations and the respective type of contract. However, if representations do not have such link (for example, representations on the status of a party), they should be regulated by the rules on representations and liabilities for breach of obligations. Moreover, the Ruling clarifies that a third party is entitled to provide representations if such person has an interest in the conclusion of a contract. The third party’s interest is presumed. A witness cannot prove existence or contents of representations. 5. Entering into a contract in legal pro-ceedings Solving the gap in legislation, the Supreme Court explained that if a court rules to force the parties to enter into a contract, it shall state the terms and conditions of such contract in the ruling. The contract shall be entered into from the effective date of the court ruling without any additional actions (signing a con-tract, exchange of documents, etc.). Besides, the Supreme Court determined the revision limits of terms and conditions of a disputed contract by court. Thus, a court is entitled to amend and add terms of a contract, in particular, if there are case special circums-tances. 6. Interpretationofcontract The Supreme Court eliminated an ambiguity regarding preferred interpretation of contracts. In particular, a priority of interpretation in favor of saving a contract has been fixed (if it possible to save the contract). The Supreme Court has also outlined the need to interpret a contract in favor of a party who drafted provisions of the contract. Therefore, the Supreme Court presumes that such party is a person engaged in business activities that require specialized knowledge (for example, a bank in a loan agreement). We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Commercial Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
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Guidelines on the territorial scope of the GDPR
We would like to inform you that recently the European Data Protection Board (Independent EU body in charge of clarifying data protection laws and ensuring their consistent interpretation.) has released its guidelines clarifying the territorial scope of the General Data Protection Regulation. Click here to download the file. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Data Protection and Cybersecurity Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
1549486800000
Guidelines on advertising of over-the-counter (OTC) medicines
During 2017-2018, the Federal Antimonopoly Service of Russia (“FAS”) paid close attention to advertisements of OTC medicines and considered large number cases of violations of advertising legislation by pharmaceutical companies. At the end of 2018, FAS in collaboration with the Association of International Pharmaceutical Manufacturers and other market players, established a guideline on recommended advertising of OTC medicines (“Guideline”). This Guideline is based on the analysis of the FAS’s practice and court practice in recent years. The Guideline contains important approaches to controversial issues arising in the advertising of OTC medicines in Russia. The Guideline will be followed by FAS when considering advertising cases and can help pharmaceutical companies in the production of advertisement of medicines. For your convenience, we have prepared a short summary of the most important recommendations that shall be taken into account. 1. Inaccurate advertising Advertising shall be deemed as inaccurate where information on the therapeutic effect and therapeutic properties does not correlate within: Approved summary of product characteristics and package leaflet; Standards of medical care approved by the Ministry of Health; Other documents approved by the Ministry of Health. According to the Guideline, generic words, for instance, “cold, cough, chill, fever, etc.”, can be used in advertisements, provided that their medical terms and synonyms are included in the package leaflet. 2. Guaranteed treatment Russian law prohibits any guarantee of the efficacy of a medicine. Pharmaceutical companies may use, in advertising, therapeutic properties of a medicine and its effect upon a patient's organism. FAS recommends the use of words and expressions that indicate the process and impact of a medicine and not the guaranteed result. Moreover, used therapeutic properties should correspond to the package leaflet. The following phrases are acceptable. Verbs / verbs, indicating the process of treatment (treats, promotes treatment, affects symptoms, helps to relieve symptoms, etc.); Nouns / phrases that do not indicate the inevitable onset of the result (illness, symptoms (including specific types of symptoms), helps (contributes) to treatment, facilitates rehabilitation); Phrases indicating time of absorption (within two minutes, a medicine begins to be absorbed); Indications for use and therapeutic properties (for pain relief, aimed at treatment, has an antispasmodic effect). 3. Words “fast”, “rapidly”, “instantly”, etc. The use of such words as “fast”, “rapidly” and “instantly” characterizing the time of the therapeutic effect and therapeutic properties is unacceptable. With regard to other medicine’s characteristics, the use of these words is permissible, for example: “it dissolves quickly”, “stored for a long time”. 4. Persuading healthy consumers to use a medicine Russian law prohibits persuading healthy consumers to use a medicine. If a medicine is used for prevention of disease, it should be directly indicated in the advertisement. It is unacceptable to use phrases “everyone should take this medicine”, “many people have these symptoms”. 5. Assumptions that a consumer has a disease Russian law restricts stating, or suggesting in an advertisement, that a consumer has a disease, or symptoms of diseases. For example, it is not recommended to use the following: Do you have cough? Sneeze? Headache? It seems you are getting sick ... What's this? Are you ill? You have flu. It is allowed to mention the symptoms that are specified in the product leaflet, for example, “when you have a cough”,“in case of a cold”. Advertisements can also refer to indications and usage in package leaflet, or information, on consumers’ intention to relieve a symptom: “for treatment of a cough”. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Healthcare and Pharmaceutical Industry Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
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Temporary legal protection of industrial designs during examination of applications
We would like to inform you that on December 27, 2018, the President of the Russian Federation signed the Federal Law No. 549-FZ “On Making Amendments to the Part Four of the Civil Code of the Russian Federation” (previously known as the Bill No. 428309-7) that provides for temporary legal protection to industrial designs during the stage of substantive examination of applications (URL: http://sozd.duma.gov.ru/bill/428309-7) («Law»). The Law was officially published on December 28, 2018, and will enter into force upon expiry of 180 days from that date (URL: http://publication.pravo.gov.ru/Document/View/0001201812280020). What does «temporary legal protection within an examination of an application» mean? Currently (until the Law is entered into force) such protection is provided only to an invention as a subject matter of patent rights (Article 1392 of the Civil Code of the Russian Federation). It means that within the period starting from the date of publication of an application (Publication of information regarding an application after a formal examination with a successful result) until the date of a patent issuance (Publication of information regarding a patent issuance after a substantive examination with a successful result), i.e., during the substantive examination of the application by the Russian Patent Office, the invention is protected by law (within the scope of a published formula of the invention). What legal remedies are available? If a person uses the claimed invention during that period, such person will have to pay a monetary compensation to the applicant provided that the applicant has received a patent to the invention. The amount of the compensation should be determined by their agreement, or in the case of a dispute – by the court. What IP rights are protected? The Law extends the procedure of temporary legal protection of inventions to industrial de-signs. While an invention is protected within the scope of its published formula, an industrial design will be protected within the scope of a combination of its essential features reflected in the images of a product appearance contained in a published application. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Intellectual Property Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter, bear any liability for consequences of any decisions made in reliance upon this information.
1547499600000
Recent amendments to the Customs Register of Intellectual Property
We would like to inform you that, on September 4, 2018, the amendments to the procedure of, trademark inclusion into the Customs Register of Intellectual Property (“Customs Register”) came into force. The amendments were made by the new Federal Law dated 03.08.2018 No. 289-FZ“On Customs Regulation in Russia” (“Federal Law”). Click here to learn more. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Intellectual Property Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
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Forthcoming fundamental changes of the Russian data protection legislation
We would like to inform you that on 10th October 2018, the Russian Federation signed a protocol modernizing the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data dd. 1981 (“Protocol” and “Convention 108” respectively). The Convention 108, that has been adopted by the Council of Europe is the only legally-binding multilateral agreement in the field of personal data protection. Convention 108 provides a legal framework, and requires the parties to incorporate into their respective national laws, necessary measures to ensure protection of human rights in the area of personal data processing. Convention 108 was a source of inspiration for the EU data protection laws. Its provisions were also a guidance for Russian lawmakers. Convention 108 was opened for signatures in 1981, long before technological breakthrough and globalization in IT area. The purpose of this Protocol is the modernization of the Convention 108 in the light of new challenges. Russia, being the party to the Convention 108, will have to incorporate the amendments and ensure their proper enforcement. Below, you will find a brief overview of the key changes under the Protocol, which will likely be incorporated into Russian legislation in the near future. Harmonization with the EU General Data Protection Regulation (“GDPR”) The Protocol significantly increases the level of data protection and specifies principles and requirements already implemented in the GDPR, which has recently come into force. In this sense, incorporation of the Protocol’s provisions into national legislation will be a step forward for the harmonization of Russian data protection legislation with the European one. Key novelties under the Protocol The updated Convention 108 ensures a higher level of protection by introducing some fundamental changes, such as Data breach notification. Under the Protocol, a data controller shall, without delay, notify its data protection authority of any data breaches which may seriously interfere with the rights and fundamental freedoms of data subjects. Russian laws currently do not require data controllers to notify the data protection authority of security incidents. New types of sensitive data. The Protocol expands the categories of sensitive personal data to those recognized as sensitive data under the GDPR. e.g., it relates to genetic, trade union membership and ethnic origin. New roles in data processing. Apart from the data controller, Convention 108 regulates data recipients (parties to whom data are disclosed, or made available) and data processor (a party processing data on behalf of the data controller). Strengthening proportionality and data minimization principles. In accordance with the Protocol, data processing shall be proportionate in relation to the legitimate purpose pursued and reflect, at all stages of the processing, a fair balance between all interests concerned, whether public or private, and the rights and freedoms at stake. New data subjects’ rights. In particular, the Protocol specifies the right not to be subject to a decision, based exclusively on an automatic processing, without having data subjects’ views taken into consideration, the right to obtain knowledge of the reasoning underlying the processing and the right to object. Additional safeguards protecting data subjects. Data controllers are obliged to examine the likely impact of intended data processing on the rights and fundamental freedoms of data subjects prior to the commencement of such processing and implement relevant technical and organizational measures. Privacy by design principle. Data controllers and data processors shall design the data processing in such a manner as to prevent, or minimize, the risk of interference with data subjects’ rights and fundamental freedoms. Please note that this is not a full list of legislative novelties set out by the Protocol. Entry into force, further impact on data exchanges with the EU countries In accordance with the established procedure, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months, after the date on which all parties to the Convention 108 have expressed their consent to be bound by the Protocol. Currently, only 21 parties to the Convention 108 (of 53) have signed the Protocol and therefore it has not entered into force yet. If all 53 parties do not sign the Protocol within 5 years after the date on which it was opened for signature (i.e. after June 25, 2018), then it will come into force automatically for those parties who have signed it. Officials of the Russian data protection authority (Roskomnadzor) already announced that they were working on a draft bill to amend legislation in accordance with the amended Convention 108. This means that Russia will implement the GDPR standards in its national legislation. If Russia efficiently implements provisions of the Convention 108, it will have more chances to be recognized, under the EU law, as a jurisdiction providing adequate level of data protection. This will remove many restrictions regarding international data transfers. The final decision in this regard will be made by the European Commission. We hope that the information provided herein will be useful for you. If you or any of your colleagues would like to receive our newsletters via e-mail, please fill in the 'Subscribe' form at the bottom of the page. Practices: Data Protection and Cybersecurity Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.
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