scholarly journals Russian intellectual immunities under the Eurasian Economic Union

2019 ◽  
pp. 22-27
Author(s):  
E. A. Kuznetsova ◽  
M. Yu. Kot
Keyword(s):  
Intellectual Property ◽  
Russian Market ◽  
Eurasian Economic Union ◽  
Antitrust Laws ◽  
Assessment Techniques ◽  
Economic Union ◽  
The Law ◽  
Antitrust Regulation

The problem of the abolishment of “intellectual immunities” has remained relevant for many years. According to Russia’s Federal Antimonopoly Service, the lack of antitrust control over the disposal of exclusive rights makes the Russian market vulnerable before foreign holders of intellectual rights. In fact, the regulator is entitled to impose antitrust restrictions on exclusive rights. This power is expressly stipulated by the Treaty on the Eurasian Economic Union, which still provides for “intellectual immunities” for foreign holders of intellectual rights. Therefore, the removal of these immunities from the law is a prerequisite for improvement of the antitrust regulation, which must be followed by systemic modification of the antitrust laws, in the first place, by expansion of competition assessment techniques in the field of intellectual property and by setting boundaries in respect of antitrust control, preserving the powers conferred on holders of intellectual rights.

ABOUT SOME CHANGES AND ADDITIONS TO ANTIMONOPOLY LEGISLATION (BY THE EXAMPLE OF THE REPUBLIC OF BELARUS)

2020 ◽  
Author(s):  
O.V. Sinyak
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic

The main changes and additions in connection with the entry into force of the new version of the Law are considered. The purpose of the new edition of the Law is to improve the norms of antimonopoly laws, taking into account the practice of its application, bringing them into line with international legal acts that make up the law of the Eurasian Economic Union

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

Eurasian Economic Union Law

2021 ◽  
Vol 5 ◽  
pp. 5-12
Author(s):  
V. V. Ershov ◽  
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
Legal Understanding

The author investigated the problems of the role and nature of legal relations, legal and individual regulators of legal relations, modern types of legal understanding, metamodernity. The sources, forms, gaps in the law of the Eurasian Economic Union are analysed. The concept of the EAEU law in the metamodern paradigm and from the position of scientifically grounded concept of integrative legal understanding is elaborated.

The Law of Eurasian Economic Union: International Legal Discourse

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Latin American ◽  
Point Of View ◽  
The European Union ◽  
Secondary Sources ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
The Law

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.

scholarly journals Methodological forks of antimonopoly regulation of digital markets: ideas and meanings of the digital agenda of Kazakhstan

2021 ◽  
Vol 15 (2) ◽  
pp. 5-18
Author(s):  
Irina V. Knyazeva ◽  
◽  
Aldash T. Aitzhanov ◽  
Yelena S. Bychkova ◽  
◽  
...  
Keyword(s):  
Professional Community ◽  
Point Of View ◽  
Antitrust Enforcement ◽  
Regulatory Documents ◽  
Eurasian Economic Union ◽  
Regulatory Measures ◽  
Economic Union ◽  
The Republic ◽  
Antitrust Regulation ◽  
First Time

The article continues the point of view of the experts of the Republic of Kazakhstan on the issues of developing a set of measures and recommendations for regulating digital markets. Currently, among the professional community, lawyers and economists, the draft regulatory measures to the Entrepreneur Code of the Republic of Kazakhstan (EC RK) – the main legislative act providing for antitrust regulation in the state- is widely discussed. The article describes the substantive provisions of legislative initiatives in the digital field of the Republic of Kazakhstan and recommendations for their improvement, as well as methodological barriers to digital regulation. The article reflects the issues of the digital agenda of the Eurasian Economic Union, as well as the latest decisions and regulatory documents submitted by both national (China, Japan, Germany, Great Britain) and international regulators. Particular attention is paid to certain provisions of the Digital Markets Act (Digital Markets Act-DMA), the draft of which the European Commission has proposed to the European Parliament for discussion at the end of 2020. The article reflects the content characteristics of the term “gatekeeper”, introduced for the first time, which reveals the priority characteristics of the behavior of the main digital platform for creating the most balanced regime of regulatory norms in the field of antitrust enforcement.

scholarly journals Legal protection of cross-border use of intellectual property

2019 ◽  
Vol 4 (22) ◽  
pp. 279-285
Author(s):  
Irina Kiryushina ◽  
Andrey Serebryakov
Keyword(s):  
Intellectual Property ◽  
Social Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent System ◽  
Parallel Imports ◽  
National Legislation ◽  
Cross Border ◽  
Eurasian Economic Union ◽  
Economic Union

The paper analyzes the issues of legal regulation of cross-border use of intellectual property on the example of the Eurasian Economic Union. Among the key problems of cross-border use of intellectual property within the Eurasian Economic Union (EEU) is the need to create a unified system of registration of trademarks and service marks and elimination of double registration of trademarks, establishment of common approaches to the problem of admissibility of “parallel imports” within the EEU, and the creation of an effective patent system. The authors conclude that the development of legal regulation of the use of intellectual property in cross-border relations will follow the path of adoption of normative acts within the framework of regional unions of states, taking into account the specifics of their economic and social development, as well as the way of improvement of national legislation, taking into account the position of states on this issue.

Export Cartels: the Problem of Antitrust Regulation

2021 ◽  
pp. 26-32
Author(s):  
A. G. Sushkevich ◽  
V. S. Sokur
Keyword(s):  
Law Enforcement ◽  
Legal Assessment ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Characteristic Features ◽  
Antitrust Regulation

The legal assessment of export cartels today is one of the most pressing problems in the field of antitrust regulation, including in relation to transnational markets. The authors analyze the essence of the export cartel phenomenon, judicial and other law enforcement practice in cases of export cartels, identify its characteristic features and propose ways to solve the problem, including in relation to the Eurasian Economic Union.

scholarly journals The concept, features and types of brokerage services on the stock market in the law of the EAEU member-states: doctrines, legislation and legal regulation

2020 ◽  
pp. 24-39
Author(s):  
Renat Kanatovich Kanatov
Keyword(s):  
Stock Market ◽  
Legal Regulation ◽  
Financial Derivatives ◽  
Comprehensive Analysis ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law

This article is aimed at formation of the concept of “brokerage services on the stock market” and systematization of brokerage services on the stock market for the purpose of improvement of legal regulation of the relations on rendering brokerage services in the EAEU member-states. The author examines the following aspects: 1) features of brokerage services on the stock market from the perspective of the doctrines; 2) peculiarities of brokerage services on the stock market stipulated by legislation of the states of Eurasian Economic Union; 3) classification and types of brokerage services on the stock market from the perspective of the doctrines; 4) classification of brokerage services on the stock market by the services of classical broker and discount broker; 5) types of brokerage services on the stock market established in legislation of the EAEU member-states.  The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The main results include: 1) the formulated definition to the concept of “brokerage services on the stock market; 2) conducted systematization of brokerage services on the stock market in the EAEU member-states; 3) developed concept of implementation in the EAEU of the institution of discount brokers of stocks and financial derivatives.

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