Yaroslav Schuetzle Head of IT & IP Litigation practice
+7 (495) 150-05-05
rkp@rkplaw.ru
EDUCATION

Yaroslav graduated with honors from the faculty of law of the Russian State University of Oil and Gas named after M. Gubkin.

Yaroslav is fluent in English.

CAREER
2019 – Rustam Kurmaev & Partners
2013 – Expert and Legal Center
2012 – Law Firm "Russian Law"

Yaroslav specializes in dispute resolution in the field of IT technologies and intellectual property law, international private law, real estate and construction, leasing, energy, land relations, corporate law, and bankruptcy. He has considerable experience in representing clients in tough disputes involving complex technical expertise and the application of foreign law.

Projects

Successful defense of the international processing company in a series of disputes on the protection of intellectual rights to the software and hardware complex that ensures the operability of the network for servicing non-cash payments when selling petroleum products at gas stations. Due to the comprehensive support of complex forensic computer-technical expertise, the court adopted a precedent-setting decision for the Russian jurisdiction, thus confirming the legal status of the ban on reverse engineering and decompilation of the software code of the cloud online platform for non-cash services with the application of sanctions for such actions, as well as for the removal of software belonging to the company.

Viacard

Successful defense of the interests of a large construction company in a dispute against a subsidiary of "RusHydro" PAO in the amount of 2.5 billion rubles. Excellent knowledge of the urban planning legislation, as well as a comprehensive approach to protecting the client's interests, allowed us to prevent the customer from illegally receiving payments under bank guarantees, as well as to prove the proper performance of obligations by the contractor during the construction of the heating main. In result, we managed to protect the client's interests from collecting a penalty in the amount of 2.5 billion rubles and from writing off funds under bank guarantees in the amount of 500 million rubles.

Smith-Yartsevo

Successful challenge of the Rosstandart decree to protect the interests of a US manufacturer of medical equipment from illegal claims of the state agency. In this dispute, we were able to prove to the court the fact that the medical equipment of the client can't be used as means of measurement, thus preventing significant financial losses and limited supplies of medical products to consumers.

Bio-Rad Laboratories

Representing the interests of the leading IT company in Belarus, in a corporate dispute with Russian companies over the validity of a cross-border transaction involving the alienation of shares. The dispute involves the need to apply foreign law to the legal relations of the parties and is related to determining the right holder of a set of software tools developed by the client.

Top Soft

REPRESENTATIVE CASES:

This series of intellectual property disputes over a cashless fuel payment solution for petrol stations created a legal precedent for the Russian jurisdiction. Thanks to our legal support involving a complex digital forensic examination, the court reaffirmed the ban on and penalties for reverse engineering and decompilation of the source code for the cloud-based digital payment platform (SaaS).
ViaCard
This dispute involved an IT solution for collecting, storing, and processing financial transactions via POS terminals. The opponent intentionally uninstalled the software causing a loss of data unique for each terminal, including encryption keys. Our team built a strong case for damages caused by the software uninstallation and tampering with the cyber security infrastructure, and thus created yet another legal precedent in the IT business rights protection.
ViaTech
Bio Rad’s glycated hemoglobin analyzer is used to diagnose diabetes with a particular accuracy achieved with a pre-set blood testing mechanism. Our team defended the company against Rosstandard, the Russian standardization agency. By demonstrating the operating principles of the software used in the device, our lawyers proved to the court that the medical analyzer cannot be classified as a measuring device, thus saving our client significant financial losses and the risk of import restrictions.
Bio Rad Laboratories
Our client, Chelyabinsk Pipe-rolling Plant, a leading metallurgical company, is the owner of patent-protected technologies for welded and seamless pipe manufacturing. Our team proved that technical solutions used by the opposing party in its business are identical to the patented laser-arc welding technology of our client. The infringement of intellectual property rights was discontinued, and the perpetrator was held liable under civil law.
ChelPipe
Our team represented Top Soft, a leading Belarusian IT company, in its corporate dispute with Russian entities over the validity of a cross-border share purchase. The dispute involved a foreign law element and establishing the ownership of the IT solution developed by our client.
Top Soft
Our firm provided legal assistance to a multi-industry U.S. corporation who is a global leader in equipment manufacturing, in an intellectual property dispute over MRI scanner software. Our lawyers promptly arranged for a digital forensic investigation and collected evidence that the MRI scanner software was unlawfully used by a third-party maintenance company which attempted to hide their tampering activities.
A major U.S. corporation
Our team was able to prove that the manufacturer of equipment and processes intended for while-drilling geological surveys failed to duly perform its obligations by applying incorrect settings in the equipment software. As a result, our client, a U.S. oilfield service company, was relieved from its obligation to pay for the faulty equipment.
U.S. oilfield service company
Our lawyers represented a popular retailer in a series of disputes over the sale of counterfeit goods through well-known marketplaces and a national network of offline stores. RKP’s team efficiently gathered evidence of the infringement on our client’s exclusive design rights and secured compensation.
Popular designer clothing store
More cases