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Dekuzu Posts

Google tried to challenge Russian Federal Antimonopoly Service’s decision and failed

Google challenged Russian Federal Antimonopoly Service (FAS) decision and failed. Google Inc. and Google Ireland Limited asked the court to avow FAS’s decision as illegal. During court proceedings Google’s representatives upheld stated requirements and pointed out compliance Google’s business activity in Russia with Russian law about protection of competition. According to them, there was not corpus delicti because assessment of activity has been made under analysis of licencing agreements what is prohibited by part 4 of article 10 of the law about protection of competition. There was not established any indication of Google’s dominating position in Russian Federation. Agreements with manufacturers have been concluded on voluntary basis. There were not established any negative consequences of Google’s activity, caused restriction of competition.

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Google v Yandex anticompetitive battle in Russia

Why Yandex claimed? Producers of smartphones and pads with OS Android, who installed Yandex’s apps and default search service, refused to work with Yandex. Yandex believed Google create conditions to make producers refuse from cooperation with Yandex. Google believed it has not breached law protecting competition. Yandex stated that Google is owner of OS Android necessary for functioning of mobile devices. According to Yandex, Android’s market share in Russia is more than 50% since 2012. Google is also owner of Google Play which allows searching, acquiring, downloading and updating apps on mobile devices with Android OS. Producers of mobile devices have strong interest to install OS Android for marketing purposes. As a result without Google Play you can’t download most of apps. Google also requires installing Google Search by default. Google has developed its system including Google Play and other tools for mobile devices, but Yandex did not do the same in Google’s scale. Yandex suffered damages thanks to Google’s practice.

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Russia and 2015 Special 301 Report

Russia remains on the Priority Watch List in 2015 as a result of continued and significant challenges to IPR protection and enforcement, notably in the areas of copyright infringement and trademark counterfeiting. In particular, the United States remains concerned over stakeholder reports that IPR enforcement continues to decline overall in 2014, following similar declines in the prior two years, including a reduction in resources for enforcement personnel.

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Russian Internet industry carped draft law for news aggregators

Lawmakers promised to improve draft law. Internet companies forewarn mass media can lose their traffic in a case if proposed amendments become law. For example, Russian internet company Yandex is not able to comply with requirements containing in current version of amendments. If its service “Yandex.News” automatically collects about 100 thousands news from 7 thousands resources, company wouldn’t have enough resources to pre-moderate all news collected.

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Digital Contracts for Europe

Main key points (auf Deutsch)

Differences in consumer contract law rules have been identified by stakeholders consulted to prepare the Directives, including businesses and consumer associations, as a significant barrier to cross-border trade. For digital content, there is a clear gap in the EU legislation, while most Member States do not have any specific national legislation. In some Member States, the supply of digital content may be governed by the rules of sales, in others by the rules on services or rentals. As a result, remedies for defective digital content differ. This creates legal uncertainty both for businesses and consumers. Only a few Member States have recently enacted or started to work on specific legislation on contracts for the supply of digital content. This risks causing more legal fragmentation if no action is taken at EU level. For goods, and in particular regarding consumer rights in case a good is defective, there are only minimum EU requirements in place. As a result, in practice there are still different national laws. This situation creates legal uncertainty, imposes additional costs for businesses and affects consumers’ confidence in cross-border shopping.

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Russian Federal Antimonopoly Service proposes compulsory licencing for patent holders

Very soon authority will publish its legislative proposal. Authority proposes to amend the current copyright law in such a way that invention can be used under compulsory licence in accordance with court decision. It is some kind of punishment for abuse of domination in marketplace. If right holders refuse often to produce or supply socially necessary products like drugs, medical goods etc., the state don’t have opportunity to do something about.

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Russian Ministry of Communication has assessed draft law on news aggregators

Russian Ministry of Communication (MinCom) provided Russian State Duma with its negative assessment of draft law on news aggregators. According to this assessment, restriction of news aggregators will decrease auditory of online mass media at least on one fourth. Requirements containing in draft law are impracticable and will cause expenditures from state budget. Draft law in its current version “can cause significant restriction of Russian news aggregators’ activity and in some cases even their shut-down”, believes Alexey Volin, deputy of Russian minister of communication.

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New rules for movies distribution in Russia

Under new rules, adopted by Russian Government, Russian Ministry of Culture (MinCult) has authority to issue, refuse to issue and cancel permission for distribution of movies. Such permission covers 1) distribution of movies in cinema, 2) distribution of movies on physical media and 3) both options and can be received by producer, distributor, demonstrator and licensee, having authority to exploit a movie by way mentioned above, only if such permission has been not issued to person already having exclusive right to exploit a movie. In order to receive such permission person must apply to MinCult.

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Two years of probation for online copyright infringement in Russia

Stepan Entzov, owner of online library “litmir”, has been sentenced for two years of probation by district court in Cheboksary for copyright infringement. In 2011 Stepan has established online library “litmir”. Till the end of 2015 he was the only owner of resource. The statistic of monthly visits was good. Resource was getting popular. But then one more owner has appeared. Who is he it was not stated or disclosed. New owner said his intentions are only fair. But as a fact Roskomnadzor has blocked the site litmir.net.

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