We have included a small selection of representative cases to identify public and professional impact of our practice.

 

INTELLECTUAL PROPERTY

Our lawyers offer business and legal counsel relating to any and all aspects of IP rights, from helping to identify practical solutions to protect a company or personal property rights, to litigation with individuals or companies or state authorities (i.e. ROSPATENT). We can help you with your (a) exclusive rights to trademarks, service marks, brand names, commercial marks, etc., (b) author’s and adjacent rights, (c) patents, (d) rights to use intellectual results generated by a third party.

EARLY TERMINATION OF HYUNDAI TRADEMARKS IN RUSSIA

17-07-2016

HYUNDAI MOTOR COMPANY filed five claims against our client, AUTOlogistics LLC (cases Nos. А41-82315/14, А41-33754/2015, А41-33742/15, А41-44653/15, А41-51834/15) seeking to ban parallel import of car spare parts to Russia. HYUNDAI’s position was heavily burdened by limitation of competition factor, hence we advised our client to go to Intellectual Property Court claiming that HUYNDAI’s trademarks be refused protection in Russia. Intellectual Property Court ruled in favor of our client in full without reservations. Here you can view IP Court’s decision published on May 4th, 2016 together with a few extracts from the reasons for decision published on May 6th, 2016. Court Decision in Russian can be viewed here.

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CUSTOMS LAW
 

Out-of-court settlements for our clients and successful representation of their interests in arbitration proceedings. We assist our clients in a variety of matters relating to customs law, including but not limited to the following: legal advice and protection of interests in disputes with customs authorities; litigation, classification and customs value correction; complaints on action/inaction of customs authorities at the time of goods’ clearance; return of funds paid as security; review of business documents to minimize the risk of unfavorable consequences with customs authorities.

EXPENSES VS LOSSES

27-11-2016

It is not an easy task to recover losses from the State, especially if the State is represented by its main “donor” - the Federal Customs Agency.   

In case # А51-7878/2015 initiated by an entrepreneur claiming recovery of losses from the State, the core argument brought forward by the Federal Customs Agency was that “these are not losses, as recognised by civil law, these are administrative expenses, thus not being subject to recovery”.

The Supreme Court Collegium presided by one of the most knowledgeable in matters of damages and losses judge, Her Honor Nadezhda Ksenofontova,    said something very similar to what Dr. Tatyana Novitskaya of the Law Faculty at the Moscow State University has been telling her students: “you can name me whatever you wish, you can even say I'm a pot, just don't put me on the stove”, or as Englishmen would say "sticks and stones may break my bones, but names will never hurt me". 

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PARALLEL IMPORT

Disputes relating to parallel import rise in the presence of quality-discrimination or price-discrimination policy aimed against consumers, or if qualitative goods that differ in their unique properties are sold under one and same trademark.

In Russia we mostly deal with price and quality discrimination of Russian consumers, while abroad all disputes around grey import are aimed to protect consumers’ interests.

TOYOTA VS. TMR IMPORT LTD.

27-05-2018

The Supreme Court has renounced the decision rendered by the IP Court of Russia in a dispute between an independent Russian importer and Toyota Mortor Corporation. 

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ADMINISTRATIVE LAW

 

As court practice has it, there is no such thing as being not guilty of an administrative offence  when administrative liability cases are considered. Presumption of innocence is non-existent. However, on rare occasions exceptions occur. Also lately out-of-court settlements tend to be an effective tool for dispute resolution.

PORSCHE

09-04-2008

Benchmark case on cancellation of court rulling on confiscation.

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DISPUTES & DISAGREEMENTS WITH LAWYERS

 

MENS LEGIS LAW FIRM VS. KAMAZ-TRANSSERVICE LTD

27-06-2013

Case № А41-7649/2012 of the Moscow Region Arbitration Court. Mens Legis Law Firm vs. Kamaz-Transservice Ltd.

 

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In this section we present cases where not only lawyers but also courts were acting as defendants, thanks to the Arbitration Procedural Code which affords this option. There is a specific routine in this type of cases: lawyers point to their clients (“we were acting on our client’s instructions”) and court representatives demonstrate mute knowledge of applicable legislation, which actually explains a lot.

LECTURES & PUBLIC APPEARANCES

 

Below is a series of plenary sessions at the Supreme Arbitration Court of Russia where PARAGON lawyers have had a chance to contribute to the development of mandatory legal acts related to the interpretation of law.

MEETING OF THE PRESIDIUM OF RUSSIAN SUPREME ARBITRATION COURT

09-07-2014

Discussion re: draft resolution "On specific issues arising out of disputes related to collective control over authors' and adjasent rights"

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