Pharmaceuticals

We provide a full range of services to companies operating in the field of medical services and pharmacology. Among our clients are medical companies, pharmacy chains, drug manufacturers. Our team provides support in the field of corporate law, accompanies the economic activities of companies, advises on various tax and legal issues and defends in tax, civil and labor disputes. We represent the interests of companies in interaction with various government bodies.

Corporate law
  • Legal support of entity reorganization, liquidation and incorporation procedures, accreditation of representative offices
  • Structuring and supporting transactions, in particular, over the course of investment activities and recovery of investments
  • Legal due diligence
  • Legal support to stock issue procedure
  • Analysing methods of and supporting registered capital increase procedure
  • Developing and carrying out audit of corporate documents, local papers, analysing and drafting contracts
  • Registering changes of Managing Directors/CEOs
Legal support of pharmaceutical business operations
  • Developing marketing policy, product promotion policy
  • Consulting matters related to personal data protection
  • Consulting on applicable industry specific legislation
  • Analysis of risks associated with commission agreements
  • Comprehensive legal support of cooperation between pharmaceutical companies and distributors
  • Providing support over the course of formalizing relations with drug manufacturer-plants (subcontracting, reselling operations)  
  • Consulting on matters related to distant selling of drugs and of arrangement for on-line payments
  • Consulting on various currency and customs legislation related matters
  • Consulting on matters related to import of registered drugs on to the Russian market, along with drugs that are not registered in compliance with an appropriate approval issued by Ministry of Health of the Russian Federation
  • Legal support to shipment operations of high value drugs (taxes, customs, public procurement etc.).
Legal support on intellectual property related matters
  • Drafting recommendations on trade mark changes ensuring their successful registration on the Russian market
  • Advocacy in disputes with competitors over pharmaceutical trade marks
  • Protecting patent rights on drugs
Consulting on public procurement of drugs and medical devices
  • Drafting recommendations on trade mark changes ensuring their successful registration on the Russian market
  • Advocacy in disputes with competitors over pharmaceutical trade marks
  • Protecting patent rights on drugs
Consulting on labour and employment matters, supporting labour and employment litigations and resolving labour conflicts, drafting regulations on bonuses

Dispute resolution
  • Court representation during civil and administrative disputes
  • Representing companies when interacting with various public bodies (Ministry of Health of the Russian Federation, Federal Service on Surveillance in Healthcare and Social Development of the Russian Federation, Federal Service for Oversight of Consumer Protection and Welfare, Federal Antimonopoly Service of the Russian Federation (FAS), Federal Customs Service of the Russian Federation)
  • Representation of companies during bankruptcy procedure of their debtors and execution of court rulings on bankruptcy cases
  • Legal support of debt recovery activities with counter agents
Defence in tax disputes, particularly pre-trial and trial proceedings
Tax audit
Tax consulting
  • assessment of tax risks due to bonuses and rewards, along with discounts, particularly credit notes, granted as part of entity’s business practices;
  • classification activities related to placement of trade marks o to drug package from the tax legislation perspective;
  • analysis of tax risks and accounting treatment of cost allocation to various types of contracts (agent, advertising, marketing events, licensing, assignment of claims);
  • tax accounting of marketing, advertising, product promotion, healthcare professional related payment expenses.
  • tax liabilities for per diem allowance and reimbursable expenses for business travel;
  • assessment of tax effects from inclusion of provision to reimburse to employee for various expenses into the labour contract;
  • tax risk assessment in case of individuals working remotely;
  • transfer pricing in case of assigning logo rights.

Cases

Full legal support for a Spanish pharmaceutical company to start operations in Russia
Support and contractual assistance
HR audit and representation of an international pharmaceutical company in employment disputes
Legal support of an HR audit of a company, representation in employment disputes with employees
Support for an issue of shares in a pharmaceutical company
Legal support for an additional issue of shares in an international pharmaceutical company
Support for an acquisition of a network of medical centres
Legal support for sale and purchase of participatory interests and shares in medical centres
Successful representation in seven cases on debt recovery for the total amount of RUB 1.6 billion
Assistance in debt recovery from a pharmaceutical company’s counterparties under agreements for distribution and further sale of products
Support for a judicial dispute over debt recovery under a supply agreement
Successful representation of a large international pharmaceutical company in a case on recovery of RUB 272 million from a counterparty — a distributor of products
Developing a bonus policy
Preparing a local employee compensation regulation
Litigation support in a dispute with an employee being dismissed
Successful representation of a company in a dispute with an employee being dismissed because of a threat to business
Legal support for localization of production
Legal support for a localization agreement with an American ophthalmic company
Legal support for a Spanish company engaged in scientific research and development in the field of biotechnology
Assistance in starting operations in Russia
Registration of a platform for virtual medical conferences at the Federal Service for Intellectual Property
Legal support for registration of a platform for virtual medical conferences as an invention at the Federal Service for Intellectual Property
Support of the refund of overwithheld tax
Tax support of a leading pharmaceutical company from India
Evaluation of payments based on regional coefficients
Analysis of payments for different situations, explanation of the application of regional coefficients and the preparation of explanations to the Social Insurance Fund of the Russian Federation

Team

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