On October 29, in the first reading, the State Duma of the Russian Federation adopted Bill No. 679980-8 "On Amendments to Article 9 of the Federal Law "On Personal Data" ("Law on Personal Data") and Article 10 of the Law of the Russian Federation "On Consumer Protection" ("Law on Consumer Protection") (hereinafter - the "Bill").

Despite the fact that the issue of intellectual property rights turnover is included in the perimeter of antimonopoly regulation, until recently the Russian Antitrust Agency took rather an observant position.

The regulator's position was that the issue of patent infringement is a private legal dispute between original and generic manufacturers, which should not affect the turnover of drugs, particularly the execution of contracts based on the results of public procurement. Only in isolated cases the Russian Antitrust Agency has established the fact of patent infringement and issued a corresponding order on the inadmissibility of anti-competitive practices.

Now the reverse trend has clearly emerged.

More in our update.

On October 23, the Federal Antimonopoly Service of the Russian Federation (the “FAS”) has published recommendations for preventing greenwashing in marketing communications (the “Recommendations”).

Greenwashing is described as actions involving the distribution of false or incorrect environmental statements that mislead consumers regarding the environmental characteristics of goods in order to obtain unjustified advantages.

The Recommendations provide for the concept of environmental statements, their types and requirements for them, as well as the consequences of non-compliance with the requirements for such statements.

It has been reported in public sources that the Sub-Commission of the Government Commission for Control of Foreign Investments in the Russian Federation (the “Sub-Commission”), which issues permits for the sale of Russian assets by companies from ‘unfriendly’ countries, has decided to tighten the conditions for the exit of foreign companies from the Russian market.

On 27.09.2024 the Decree of the Government the Russian Federation No. 1278 was published. This Decree amends for the Regulation on Patent and Other Fees for Legally Significant Actions.

On 1 September 2024, a joint order of the Ministry of Industry and Trade No. 3554 and the Ministry of Health No. 406n dated 7 August 2024 (hereinafter referred to as the “Order”) entered into force, approving a new procedure for providing the Ministry of Industry and Trade with information on medicines necessary for the purposes of licensing their production and inspecting the subjects of their circulation for compliance the requirements of good manufacturing practice. The Order replaced the previously existing procedure for interdepartmental interaction between the Ministry of Health and the Ministry of Industry and Trade.

Bankruptcy Law has gone through many changes over the past summer, but perhaps the hottest of them all was published on 29.5.2024 and applies to petitions filed after the date, regardless of the date of the procedure used in the bankruptcy case. We propose to familiarize ourselves with the most significant of them.

On September 8, new state fees came into force for applications by legal entities and individuals to arbitration courts and courts of general jurisdiction. The new procedure applies to any applications and complaints filed with the court from September 9, 2024.

On 8 August Federal Law No. 300-FZ came into force, introducing a number of amendments to legislation, the most important of which affect regulation of economically significant organizations (hereinafter – “ESO”). Read more about the status of ESO in our updates as of 4 August 2023.

On 8 August 2024, the Arbitration Court of the Moscow Region satisfied the claim of the Russian Ministry of Industry and Trade against foreign company – Besloten Vennootschap Megapolis Distribution B.V. (distributor of Japan Tobacco, Phillip Morris, Red Bull, Durex and other brands) for suspension of its corporate rights in an economically significant organization (hereinafter – “ESO”) JSC “Megapolis Trade Company”.