IPR IMMUNITIES IN RUSSIAN ANTIMONOPOLY LAW IN THE LIGHT OF RECENT DEVELOPMENTS

marketude Intellectual Property, IP Russia, Olesya Nalimova, Publications, Russia

Introduction
The draft law “On amendments to the RF Competition Law and other legislative acts”, so-called “fifth antimonopoly draft” (“Draft”), was published for a public consultation that came to an end on April 24, 2018. The Draft is aimed at improving the antimonopoly governance in the context of digital economy. Among other innovations, the Draft seeks to eliminate the immunities provided by Russian antimonopoly law in the area of intellectual property. We consider below this particular provision of the Draft in the light of the existing antimonopoly legislation, the recent RF Constitutional Court ruling on parallel imports and prevailing legal thinking on the subject…

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