Disputes over Wildberries social media channels - Elena KluTchareva comments for Vedomosti
Elena Klutchareva, KKMP Senior Associate, has commented on disputes over Wildberries social media channels for Vedomosti.

On August 12, Wildberries co-owner Vladislav Bakalchuk sent a warning letter to VK demanding that they do not allow the transfer of the rights to administer VK and OK social network communities to the joint company RVB LLC and "other third parties".

The right to administer a social network site or community is not subject to intellectual property regime. It is a property right arising out of contract or user agreement with the legal entity managing the social network. The transfer of such rights is subject to the general rules - for example, in terms of assignment of rights - and to the rules of respective social network.

From the point of view of the matrimonial property regime, the administration rights, like any property right, may constitute a part of the marital assets of the spouses. However, the focus here should be on the owners of such rights. If the public is owned, for example, by a legal entity, the division of assets with it [in the framework of divorce] is not possible, it is the rights of participation in such legal entity that you should be dealing with, if those belong to any of the spouses.

In one of the cases on division of marital assets the court ruled that the disputed account cannot be divided between the spouses, but the income received from such account can be subject to division. In another case, where the court considered the circumstances of the sale of foreign languages school, the sale contract provided for the sale of tangible assets, in particular, two VK pages. The court held that the pages were tangible assets that can be subject to the contract.

Read the full article on Vedomosti.ru.

Earlier Elena commented on Vladislav Bakalchuk challenging the transfer of Wildberries domains to RVB LLC for Vedomosti.

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