1. Introduction
    1. Political and administrative structure
    2. Legal environment
  2. Common forms of business structures for foreign investors
    1. Main types of structure
    2. Registration, liquidation and reorganisation of business structures
    3. Shareholders’ and participants’ agreements
    4. Strategic industries
  3. Anti-monopoly issues
    1. General legal and regulatory framework
    2. Scope of application of the Competition Law
    3. Anti-competitive practices and restriction of competition
    4. Liability
  4. Tax system
    1. General approach
    2. Corporate taxation
    3. Incentives
    4. Special tax regimes
    5. Taxation of individuals
    6. Double taxation treaties
  5. Customs regulations
    1. General approach
    2. Trade between EEU and non-EEU countries
    3. Mutual trade between the EEU members
  6. Currency control
    1. Foreign currency transactions
    2. Consequences of breach/Penalties
  7. Lending in Russia
    1. Lending documents and governing law
    2. Jurisdiction
    3. International finance transactions and repatriation requirements
    4. Security interests
    5. Recognition of security trusts
    6. Syndicated loans
    7. Enforcement
    8. Suretyships and guarantees
    9. Bankruptcy considerations
    10. Other lending related issues
  8. Employment and migration
    1. Formalising the employment relationship
    2. Managing employment relationships
    3. Terminating an employment agreement
    4. Specifics of employing foreign nationals
  9. Personal data protection
    1. General approach
    2. Scope of the Data Protection Law
    3. Liability
    4. Right to be forgotten
  10. Intellectual property
    1. General approach
    2. Contractual aspects of intellectual property rights
    3. Rights over the results of intellectual activity
    4. Company names, trade names, trademarks and appellations of origin
    5. Intellectual property rights infringements
    6. IP Court
  11. Advertising issues
    1. General approach
    2. Scope of application of the Advertising Law
    3. Violations of the Advertising Law
    4. Liability
  12. Anti-corruption and compliance
    1. General approach
    2. Legal framework
    3. Compliance requirements for companies
    4. Concept of corruption in Russian law
    5. Possible targets of bribery
    6. Liability and penalties for corruption
    7. Example of sector-specific anti-corruption measures
  13. Real estate and construction
    1. Rights to real estate
    2. Real estate transactions
    3. Resolution of real estate disputes
    4. Planning and construction issues
  14. Corporate bankruptcy
    1. Insolvency criteria
    2. Stages of bankruptcy proceedings
  15. Import substitution and production localisation in Russia
    1. Measures affecting goods importation and current import substitution legislation
    2. Localisation incentives
    3. Sector-specific impact of import restrictions and localisation requirements
  16. Banking sector
    1. Legislative and regulatory framework
    2. Licensing and operations
    3. Deposit insurance
    4. The anti-money laundering law
    5. Bank secrecy
    6. FATCA and CRS
  17. Environment, energy efficiency and renewables
    1. Environment
    2. Energy efficiency
    3. Renewables
  18. Infrastructure and public private partnerships
    1. General approach
    2. Key PPP legislation
    3. Russian PPP environment
    4. Financing
    5. Legal issues
    6. Prospects for infrastructure projects
  19. Oil & gas
    1. Legislative framework
    2. Ownership and licensing
    3. Restrictions on foreign investors
    4. Licences
    5. PSAs

General approach

Over the years Russia has demonstrated its willingness to reinforce its efforts in combating the infringements of intellectual property rights.

Russia has been a member of the World Trade Organisation since 2012. In the run-up to WTO accession, Russia adopted new legislation matching international standards for the protection of intellectual property rights by, in particular, increasing sanctions for, and improving legal mechanisms to combat infringements of intellectual property rights. The resulting legal framework in the field of intellectual property is generally in line with international standards, allowing right owners to adequately protect their intellectual property rights.

Examples of Russia’s commitment to advancing the fight against copyright infringements include the adoption of:

  • a law that connected administrative fines for the production of fake goods with the number of fake goods produced in summer 2013;
  • the so-called “Anti-piracy Laws1  which deal with the procedure for blocking almost all types of copyright infringing content on the Internet and mirror websites; and
  • a set of amendments to the Russian Civil Code (the “Civil Code”) in spring 2014 expressly providing for:
    — the presumption of guilt of intellectual property rights infringers; as well as
    — the legal possibility of contacting Internet providers with a request to stop infringement of intellectual property rights on the Internet.

In addition, the online industry in Russia took a step towards self-regulation in the sphere of anti-piracy. Accordingly, Russian associations for the protection of rights of owners and licensees, large Russian media holdings and TV companies, as well as Russian search engines and large Russian platforms that host video content, have signed a memorandum on cooperation for the protection of exclusive rights over digital technologies. This memorandum is aimed at more efficiently combating illegal content online.

International standards

Russia is a party to a number of the most important international treaties and conventions covering different intellectual property aspects, including:

  • the Convention establishing the World Intellectual Property Organisation;
  • the Universal Copyright Convention;
  • the Berne Convention for the Protection of Literary and Artistic Works;
  • the Paris Convention for the Protection of Industrial Property;
  • the Madrid Agreement on the International Registration of Marks and the Madrid Protocol;
  • the Singapore Treaty on the Law of Trademarks;
  • the Nice Agreement on the International Classification of Goods and Services for the Purposes of Registration of Trademarks;
  • the Patent Cooperation Treaty (PCT); 
  • the Eurasian Patent Convention (EAPC);
  • the Locarno Agreement Establishing an International Classification for Industrial Designs; 
  • the Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms; 
  • the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); and
  • the Hague Agreement Concerning the International Registration of Industrial Designs.

General legal framework

 
Civil Code

The need to ensure consistency in the legal regulation of intellectual property has led to the adoption of Part IV of the Civil Code. This codifies the existing general legal rules concerning intellectual property rights whilst introducing some new provisions and principles.

Part IV of the Civil Code includes an exhaustive list of intellectual property rights and the various legal methods for protecting these rights. It also sets out some general requirements concerning their use and their enforcement.

Regulatory orders

In addition to Part IV of the Civil Code, certain intellectual property issues are regulated by orders of the Federal Service for Intellectual Property (“Rospatent”).

Rospatent is subordinated to the Ministry of Economic Development and is responsible for the registration of intellectual property rights to trademarks, patents, software, databases, as well as for the registration of, alienation of, and encumbrances over these registered rights.

Specialised court

The Russian Intellectual Property Court (the “IP Court”) has been operating since 2013. As expected, this has led to an increase in professionalism and a sound legal approach with regard to judgments in this field, not only from the newly established court but also across the Russian court system as a whole (please see the IP Court section).


[1] Federal Law No. 187-FZ dated 2 July 2013, Federal Law No. 363-FZ dated 24 November 2014 and Federal Law No. 156-FZ dated 1 July 2017. Back ↑


Key contacts

Bankovskiy Anton
Anton Bankovskiy
Partner
Head of Intellectual Property