Article of the Head of Antitrust, Elena Kuznetsov and Senior Lawyer, Maria Kot in the next issue of the magazine "Russian Competition Law and Economics"

The problem of cancellation of "intellectual immunities" keeps many years relevance. According to the FAS of Russia, the absence of the possibility of antitrust control of actions to dispose of exclusive rights makes the Russian market vulnerable to foreign rights holders. In fact, the regulator has the right to apply antitrust prohibitions to exclusive rights. This power directly follows from Russia 's international treaty on the Eurasian Economic Union, which, however, retains "intellectual immunities" for foreign rights holders. Therefore, the exclusion of these exceptions from the law is a necessary step to improve antitrust regulation, which should be accompanied by systemic changes in antitrust legislation, first of all, by the expansion of the instrument for assessing the state of competition in intellectual property areas and the implementation of the boundaries of antitrust control, which retain the scope of authority granted to the right holder.