Boris Malakhov of Lidings Law Firm

Boris Malakhov of Lidings Law Firm

Boris is a senior associate in our Moscow office’s dispute resolution practice. He focuses on various dispute resolution issues, including assessment of claims and potential litigation risks. His area of expertise includes Russian civil and arbitration law, customs and intellectual property issues with special focus on copyright and patent rights, including protection measures against trademark infringements and court representation.

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Moscow Region Commercial Court rendered a precedent decision in an originator-generic dispute

On September 27, 2017, the Moscow Region Commercial Court published a significant decision in a patent dispute between Novartis AG, Swiss originator, and Nativa LLC, Russian generic producer (case No. A41-85807/2016). Under the auspices of the case, Novartis AG filed a patent infringement lawsuit against Nativa LLC claiming that its active patent on «Tyrosine kinase … Continue Reading

Russian Supreme Court recognized that non-profit organizations are eligible to protect name

On July 11, 2017 the Civil Disputes Judicial Board of Russian Supreme Court published a long-awaited Ruling in case No. 53-KG17-12. Under the merits of the case, in 2016 the charity fund for helping children with oncohematological and other serious diseases “Podari Jizn” (CF “Podari Jizn”) filed a lawsuit against a copycat, non-profit charity fund «Podari … Continue Reading

IP Court has clarified that the use of a “plot generating object” in a movie may constitute copyright infringement

In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop. Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover … Continue Reading

The Constitutional Court has permitted to reduce IP compensations below the minimum amount

On December 13, 2016, the Russian Constitutional Court has published its Ruling on constitutionality of certain articles of Civil Code regulating the legal nature of compensation as an IP remedy. The constitutional review was requested by the Altai Arbitrazh Court. While considering numerous IP cases (Kvadro-Publishins v. Lubivaya, Aeroplan v. Vashkevich), the court found that … Continue Reading

Provisional applications and licensing of unregistered patents may appear in Russia

In August 2016 Rospatent has initiated a public discussion on provisional applications and licensing of unregistered patents in Russia. In Rospatent’s view, provisional applications are designed to establish an effective 12-month term, within which applicants may file their non-provisional (“ordinary”) applications. In order to register a provisional application an applicant should disclose a technical decision … Continue Reading
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