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Doing-business-in-Russia

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									Doing business in Russia:
Legal perspective




Svetlana London
LLB (Hons) Law from Moscow State University
GDL in English Law

Consultant in Russian Law
MGAP (UK) LLP
Presentation outcomes

1. To look at the IP rights regulation
2. To analyse various business vehicles
3. To consider other developments
Part 1: Introduction to the Russian IP Law

  Major legislative changes
  Section 4 of the Russian Civil Code
  Provisions of the Russian Criminal Code
   and Administrative Offences Code remain
   unchanged.
Part 1: Scope of protection:

  Copyrights;
  Trademarks;
  Software rights;
  Rights of co-authors;
  Rights in regard of data bases;
  Rights on audiovisual works;
  Rights on the works made in course of
   employment.
Part 1: Transfer of the Exclusive rights

  Assignment or License?
  Requirements to the form of an
   agreement
  State registration of the agreement may
   be required
Part 1: How IP rights are protected

  it is an criminal offence to violate the
   rights of an author or an owner of
   neighbouring rights
  it is an criminal offence to violate the
   rights of an inventor or a holder of a
   patent
  it is an criminal offence to use a trade
   mark without due authorisation
Part 1: Conclusion

  Comprehensive regulation of the IP
   rights and
  Possible future developments in this area

  Next – a look at business structures
Part 2: Structuring business in Russia


Choice between:

  Branch and

  Subsidiary
Part 2: Branch office (1)

Requirements
  branch office accreditation and
  tax registration
Part 2: Branch office (2)

Provides
   strong control over the branch
   potential liability of the parent entity
   liability of the branch
Part 2: Subsidiary

  Two types ownership
  Here we have two independent legal
   entities
  The parent company may incur joint
   liability with the subsidiary
Part 2: How to make a choice (1)

Taxation as a starting point
    Is a business vehicle a permanent
      establishment or an independent
      agent?
Part 2: How to make a choice (2)

Also consider the UK/Russia Double
taxation convention

What taxes are the subject to the
Convention?
  UK taxes
  Russian taxes
Part 2: Rules in regard to individuals (1)

Main issues are
  taxation
  obtaining business visas/work permits
Part 2: Rules in regard to individuals (2)

Other considerations
   language and culture differences
   necessity for specialised legal advice
Part 3: Attention to the new developments

    at moment it is not possible in
     practice for foreign issuers to place
     their securities on the Russian market
     directly
    a bill has been introduced to adopt a
     new regulatory mechanism
    what are the provisions of the bill?
Conclusions
  New regulations of the IP rights have been
   introduced in 2008
  Though many areas of Russian law are in the
   process of development Russia can provide
   interesting opportunities for businesses
  Choice of a business vehicle depends on the
   level of control the company would like to have
   over a vehicle established in Russia
  There other significant developments such as
   an initiative to allow foreign issuers a direct
   access to the Russian market

								
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