Review of Court Decisions on the Issue of Deprivatization

This review is prepared based on the general jurisdiction and arbitration courts’ decisions on the issue of deprivatization (in Russian).
This review is prepared based on the general jurisdiction and arbitration courts’ decisions on the issue of deprivatization (in Russian).
On 15 November 2023 the Russian Supreme Court has published a review of court practice in cases involving the assessment of actions of trademark holders.
The review analyzes cases and circumstances in which the parties conduct is considered to be in bad faith or, on the other hand, in good faith.
Over the past two years, the number of arbitration disputes on the recovery of unjust enrichment from foreign IT-companies has increased significantly. For the period from 2022 to 2023, according to the Arbitration Case File, dozens of claims were filed by Russian legal entities against the largest foreign software manufacturers: IBM Eastern Europe/Asia LLC, Dell LLC, Hewlett Packard Enterprise LLC, and HP Inc LLC.
Over the past two years, the number of arbitration disputes on the recovery of unjust enrichment from foreign IT-companies has increased significantly. For the period from 2022 to 2023, according to the Arbitration Case File, dozens of claims were filed by Russian legal entities against the largest foreign software manufacturers: IBM Eastern Europe/Asia LLC, Dell LLC, Hewlett Packard Enterprise LLC, and HP Inc LLC.
On 4 November 2023 the decree of the Ministry of Industry and Trade No. 2701 dated 21 July 2023, which approved a new list of goods for parallel import and recognized the decree of the Ministry of Industry and Trade No. 1532 dated 19 April 2022 and all the amending decrees as null and void, comes into force.
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.
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