June 27, 2016, the cassation instance of IPR Court upheld the decision dd March 29, 2016 of the first instance on termination of Artrin trademark in some of the goods towards which the applicant had a legitimate interest (case № SIP-581/2015).
Specialists of KIAP managed to prove the interest of the client – the International pharmaceutical company Omega Pharma, part of t...
On March 28, 2016 the Arbitration Court of the Novosibirsk region satisfied the claim in favor of the KIAP’s Principal — large retail chain “FAMILIA” — and inhibited the use of the word “FAMILY” by another retailer (the counterparty) due to its similarity to “FAMILIA” trademarks owned by the Principal. The Principal’s trademarks were previously illegally used in the names of some retail stores...
The dispute arose in connection with the refusal by thirty foreign reinsurers, some of them members of Lloyd's, to pay out a reinsurance claim from the Russian insurance company Capital Insurance for the loss of the aircraft.
The total amount of reinsurance money sought originally was over 32 mln US dollars; some time into the litigation, however, a number of reinsurers paid up as req...
KIAP represented the global leader in metal flow engineering in recognition and enforcement of arbitral award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce against one of the Russian leading metallurgical companies. During arbitration proceedings in Sweden KIAP provided to arbitral tribunal a legal opinion on Russian law matters.
The engageme...
KIAP lawyers of M&A practice successfully advised European concrete panels producer in the course of sale of its Russian business. Value of the project exceeded 12 mln euro.
The deal had a complex structure, which implied the liabilities to third-party and intra-group creditors were to be reimbursed, together with supporting collateral, simultaneously with the closure of asset d...
On February 19, 2016, Judicial Chamber for Economic Disputes of the Supreme Court of the Russian Federation revoked court rulings by inferior courts that had granted judgement on previous claims in favor of a number of foreign reinsurers and ordered the KIAP’s Client, i.e. Capital Insurance OAO, Russia, to repay over 4 million U.S. dollars provided under a protection and indemnity re...
On January 27, 2016 the Arbitration Court of Moscow District upheld the judicial acts of first and appeal instances for enforceability of the decision of the Office of the Federal Antimonopoly Service of the Moscow region (UFAS). The decision established that unfair competition in respect of Feretti Rus by Ramenskiy confectionery Works LLC, whose packaging infringed the interests of ...
On 10 December 2015 Arbitration Court of the Moscow District completed the third round of a most infamous recently antitrust case among those instigated by FAS Russia after the Law on Trade had taken effect in 2010. For five years the Russian food retailers have been keeping track of the case three court rounds worth. The court ruled illegal the total of 63 administrative fines for the ag...
The Presidium of Intellectual Property Court upheld a decision for a major international pharmaceutical company cancelling a patent on a pharmaceutical composition of drospirenone/ethinylestradiol, as well as a drug on its basis. This means that the Court's Presidium has drawn a line under the long dispute, which broke out in the autumn of 2013 and eventually made its way th...
The start of this week saw the publication of yet a third Ninth Arbitrazh Court of Appeal determination in a widely publicized antitrust case involving the application of the Commerce Act: OOO Metro Cash & Carry is contesting a decision, order and 63 administrative rulings handed down by FAS of Russia in connection with accusations of discrimination against suppliers of fish and ...
9 July 2015 8th Arbitrazh Court of Appeal upheld a decision of the Arbitrazh Court of Khanty-Mansi Autonomous Okrug – Yugra, which fully granted the claim lodged by KIAP's Client, the Capital Insurance Russian insurance company, for the recovery of reinsurance proceeds for the loss of aircraft.
The dispute arose in connection with the refusal by thirty foreign reinsurers, some of...
17 April 2015 the Arbitrazh Court of the city of Moscow awarded OAO OGK-2 (OAO OGK-2 is Russia's largest provider of cogeneration) some 3.5 billion roubles worth of damages from an engineering company, OAO E4 Group.
The court also ruled for the genco in voiding the equipment sale contract made between the parties, having found the E4 Group in breach of its obligations the...
The dispute arose in connection with the refusal by thirty foreign reinsurers, some of them members of Lloyd's, to pay out a reinsurance claim from the Russian insurance company Capital Insurance for the loss of the aircraft.
The total amount of reinsurance money sought originally was over 32 mln US dollars; some time into the litigation, however, a number of reinsurers paid up as ...
KIAP represented its Kazakh client in the matter of recognition and enforcement of Kazakh commercial courts judgments in Russia.
The case was of interest for KIAP because it touched upon such issues as competence of Kazakh courts to resolve the dispute between the parties and due notification of the Russian party regarding proceedings in foreign courts. Also matters of compet...
IP lawyers Dmitry Markin and Anastasia Pichugina secured a ruling for Feretti Rus in a dispute with Ramenskoye Confectionery Works over unauthorized use of packaging artwork from the client's flagship product.
The Federal Antimonopoly Service found OOO Ramenskoye Confectionery Works to be in breach of competition law in the RF confectionery market. The regulator's injunc...
KIAP has seen through an off-balance-sheet transaction of VTB Bank 24 residential mortgage portfolio securitization by means of an issue by a mortgage agent of fully redeemable non-convertible documentary interest-bearing class A and class B residential mortgage-backed bonds, to mature on 7 September 2054. The total bond issue is worth in excess of 46 bln roubles. This is the largest securitiza...
Alexey Sizov, head of Customs and International Trade practice at KIAP, has won litigation for a major global retailer in a precedent-setting case against customs authorities. Courts at three instances have upheld KIAP's reasoning that the importer is under no duty to include intellectual property licence fees in the customs value.
The ruling was important for the cl...
The dispute was over misuse of the bank's intellectual properties by one of the bank's competitors (microlender), and specifically elements of the house style as well as the trademark. The court granted all the claims of the Firm's client, finding the infringer in breach of competition law and ordering the corporate infringer to cease and desist from using the bank's house style eleme...
The foreign company was sued in connection with registration of the domain name of a website with content that Roskomnadzor (Federal Communications, IT and Media Supervision Agency) found to be in breach of legislation of the Russian Federation. Despite a spate of recent rulings for Roskomnadzor suing registrars for such offences, KIAP's litigators succeeded in having the regulator drop all of ...
The litigation was of particular interest for the Firm's trial lawyers because the client's claim was only brought to a successful conclusion after the case seemingly reached the end of the line. Following over two years of litigation, the court of cassation, having heard the case a second time round, fully denied insurance indemnity to the client, and a three-judge bench of Supreme Arbitrazh (...