The new review of the most notable patents disputes in Life Sciences in EAEU.

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On October 23, 2023, the European Commission issued updated Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 regarding the definition of criteria for control of companies.

On 20 October 2023, the draft law “On Amending Article 13 of the Federal Law 'On Peculiarities of Regulation of Corporate Relations in Business Companies that are Economically Significant Organizations'” was submitted to the State Duma. The Draft Law amends Federal Law No. 470 and cancels some restrictions for transactions aimed at obtaining direct control over ESO by Russian citizens and residents indirectly owning stocks/shares of ESO owned by a foreign holding company.

On 14 August 2023 the Tenth Arbitration Court of Appeal invalidated a real estate purchase and sale deal completed without the permission of the Government Commission for Monitoring the Implementation of Foreign Investments in the Russian Federation (hereinafter referred to as the “Government Commission”). On 16 October 2023 the Arbitration Court of the Moscow District upheld the decision of the Court of Appeal, confirming the illegality of such transactions bypassing the procedure provided for by current legislation.

The rule on 80% mandatory sale of foreign currency proceeds was introduced by Presidential decree No. 79 dated 28 February 2022 and was one of the anti-crisis measures taken to stimulate the economic situation in the country.

By its Ruling of 25.09.2023 in case No. A40-185112/2022, the Ninth Commercial Court of Appeal ordered the pharmaceutical company Vertex, the right holder of a series of patents for the drug Trikafta (INN: Ivacaftor+Tezacaftor+Elexacaftor, Ivacaftor), to grant a simple (non-exclusive) license to the Russian pharmaceutical company MIK under Article 1362(1) of the Russian Civil Code (insufficient use of patents).

By Resolution No 2530-r dated 20 September 2023 the Government of the Russian Federation established a list of friendly and neutral countries, credit institutions and brokers from which will be admitted to trading on the Russian foreign exchange market, as well as on the derivatives market.

Special economic and coercion measures were mentioned in Russian legislation in 2006 with the adoption of Federal Law No 281-FZ “On Special Economic Measures and Coercion Measures” dated 30 December 2006 (“Law”).

Special economic measures are applied when a set of circumstances arise that require an immediate response to an internationally unlawful act or unfriendly action by a foreign state or its bodies and officials that threatens the interests and security of the Russian Federation and (or) violates the rights and freedoms of its citizens.

Lidings’ IP team has successfully secured recognition of the Doppelherz brand as a well-known trademark specifically for dietary supplements, setting a valuable precedent. The interests of the client, the German pharmaceutical company Queisser Pharma, which owns the brand, were represented by Boris Malakhov, Partner, and Vladislav Ryabov, Senior Associate.

This review is prepared based on the EEC reports on the state of competition in cross-border markets and measures taken to curb violations of the general rules of competition in those markets in 2020-2022 (in Russian).

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