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Education and Honors
Diploma in Law (cum laude), State University - Higher School of Economics, 2006
Master of Laws, Moscow School of Social & Economic Sciences - University of Manchester, 2007
Doctorate, State University - Higher School of Economics, 2010
Recognised by The Legal 500, Russia, 2012 it the TMT practice area
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Concentration
Projects in the sphere of intellectual property:
- Copyright, neighboring rights, patents and know-how protection;
- transactions in the area of copyright, patents and know-how licensing and assignment;
- projects related to technology transfer and engineering.
Projects in the sphere of information technologies:
- legal support of software development, licensing and implementation;
- IP/IT regulatory issues;
- Internet and E-commerce;
- Personal data protection, information security issues, licensing and certification of information systems.
Summary
Mikhail Bashirov is an experienced IT and IP lawyer widely recognized in Russia. He has been working in this sphere for over eight years and has experience both as external advisor and in-house legal counsel.
Mikhail has a track record in providing comprehensive support for projects to create, license and adapt software as well as co-negotiating and advising on, such matters.
Mikhail is the founder, and from 2009 the chairperson, of the IT-Lawyers Discussion Club (“ITLDC”), a Russian professional association of lawyers skilled in providing legal support to IT businesses, and is actively involved in its operating process, giving speeches, coordinating its operations and law-making activities (in particular, in 2010 ITLDC prepared draft comments to a draft law on self-regulating organizations of software engineers, in 2011 – to a draft law adopting a new version of Part IV of the Civil Code of the Russian Federation).
Before establishing Bashirov and partners law firm, Mikhail was working for about one year and a half for international law firm Baker Botts; over three years as head of legal at the Moscow office of a leading U.S. software company; before that he was working for two years, first as counsel, then as head of legal at a well-known Russian software company, as well as was acting as a private lawyer for IT companies. At the earlier stages of his career of IP lawyer Mikhail worked at commercial and IP practice for the biggest at that time Russian law firm, and before that he supported all IP-related projects of a large Russian trading company.
Selected projects
- A number of projects related to software licensing and implementation as well as software ownership issues on behalf of a Russian software company – one of the corporate financial software leaders
- Legal due diligence of intellectual property, information technologies matters and personal data use during M&A projects regarding a number of Internet companies as M&A targets
- Advising of a major Russian industrial holding regarding technology transfer, engineering and JV projects related to the production of gas-turbine power units
- Complex support of a large project on technology transfer (patent and know-how licensing) and engineering for a petrochemical plant construction on behalf of the biggest Russian oil corporation
- creating a legal scheme for the cross-border sale of hardware (a Taiwanese chipset producer – a Canadian supplier – purchasers from the U.S., Europe and other countries), including tax and customs planning, and drafting a number of underlying foreign-trade contracts. The client was a Canadian company belonging to an IT company group and its affiliates
- conducting legal due diligence on corporate and contractual relations (license agreements, software adaptation agreements, etc.) for a group of Russian IT companies
- advising on the planning and creating of a corporate structure for an international IT holding to efficiently transfer the IP rights over its software and protect its intellectual property
- advising (including creating all contracts and documents) on the transfer of the exclusive rights from a Russian company to a Cypriot company and the transfer of the exclusive distribution right from a Russian company to a Canadian company
- providing legal support for an assignment and novation (including drafting of an agreement) under a software distribution agreement between a Russian company and a Canadian company (under the U.S. law)
- advising start-up IT companies before and after their creation and expansion on corporate, tax, contractual (software distribution methods), IP and private investment matters
- providing comprehensive legal support to a Russian IT holding, in particular, in generating a contractual framework for granting the rights to use its software, designing its IP protection scheme
- providing full support to a U.S. software company in its licensing transactions and software adaptation projects, successfully negotiating such transactions and projects with its largest customers in Russia and elsewhere in the C.I.S.
Selected Publications and Speeches
Publications
- M. Bashirov. Clients' personal data operation by online shops: the specifics of legal regime. // Personal Data journal, July 2012, # 6(47)
- M. Bashirov. Certification of data security facilities to be used in banking personal data operation systems. // Analytical Banking Journal. March 2012. # 3(197). P. 68
- M. Bashirov Specifics of the International Legal Regime for Financial Services in the W.T.O. // Law and State: Theory and Practice, 2009, No. 3, pages 102-105
- M. Bashirov Issues with the International Legal Regime for Financial Services in the W.T.O. // Law and State: Theory and Practice, 2009, No. 4, pages 77-80
- M. Bashirov History of the International Legal Regime for Financial Services in the W.T.O. // Law and State: Theory and Practice, 2009, No. 12, pages 148-151
- M. Bashirov General Characteristic of the Regime for Financial Services in International Law// Law and State: Theory and Practice, 2010, No. 9, pages 75-77.
Speeches and Presentations
Regular speeches at IT-Lawyers Discussion Club meetings, including:
- Legal regulation of IT-Business: key events of 2012 (in cooperation with P. Sadovsky and M. Demina). December 21, 2012
- Overwiew of recent changes in information technologies legislation (in cooperation with P. Sadovsky). November 16, 2012
- Legal aspects of cloud computing. May 25, 2012
- Semiconductors legal protection: global experience. March 16, 2012. At joint meeting of ITLDC and Skolkovo Foundation
- Cloud computing: application of the business model in Russia. December 23, 2011
- Personal data protection issues in Russia. November 25, 2011
- Russian IP law governance in licensing relations with foreign element: conflicts of regulation and possible ways to avoid them. October 21, 2011
- The scope of license and methods of use in license agreements with respect to different types of intellectual property. September 16, 2011
- Proposals by Russia’s Culture Ministry to create a worldwide copyright objects register. 5 August 2011
- Legal regime for cloud computing, SaaS and Software on Demand (shared with Pavel Sadovsky). 29 October 2010
- Legal issues of data protection in the IT business. 23 October 2009
- International convention-based legal regime for software design, use and distribution. 17 July 2009.
A number of speeches at seminars and conferences. The recent ones, inter alia:
- Speech on legal matters of cloud computing at the round table organized by FSB, FSTEC and AP KIT, Moscow, November 2012
- Legal aspects of cloud computing in Russia: key issues and recent trends. Speech at round table on cloud technologies organized by Association of European Businesses, Moscow, October 2, 2012
- Cloud Computing: at application of the business model in Russia. Speech at International conference “Law at Digital Era” organized by the Higher School of Economics. Moscow, May 17, 2012
- Different types of cloud computing and their combination with certain business models in the clouds: legal aspects. AP KIT conference “RussiaCloud 2012”, April 18, 2012
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