Olesya Petrol commented to Legal.Report on the dispute between Rosgosstrakh and Capital Life Insurance concerning trademarks.
“The case involves interesting legal issues, the judgments on which delivered by the Commercial Cases Division (ComCD) may be adjusted to a certain extent <…> from the ComCD ruling, one may conclude that any remission of a case for retrial is unconstitutional, because it gives another chance to the unsuccessful party, <…> one statement of the ComCD creates the impression that a conspiracy may only be proven by documents, i.e., technically, only by written evidence”, Olesya Petrol indicated.
Olesya Petrol also believes that “the statement is dangerous for subsequent practice: a conspiracy could then only be proven by an “agreement for conspiracy” (or “kick-back agreement”) or by a court sentence. Neither solution would contribute to the improvement or at least to maintaining the investment climate.