#09 September 2011

In focus – Technology & Innovations

Analyzing 20 years of the Ukrainian independent state every new government proclaimed an innovative development as a priority of its policy. Numerous strategies and state programs, various authorities and official declarations were established

Expert Opinion

Methods of Technology Protection in Ukraine

Stanislav S. Lobko

Unfortunately, it is a common situation in Ukraine when a scientist who develops a certain innovative technology does not pay appropriate attention to protection of his intellectual property rights. That usually results in impossibility of gaining fair reimbursement of material and labor recourses invested into the project and also impossibility of gaining fair revenue from his work...

In Re

Technology Parks as a Modern Mechanism to Promote Innovations in Ukraine

Nataliya V. Misnik

Innovation has always played a decisive role in the economic and social development of countries: it is the main source of economic growth, it helps improve productivity and is the foundation of competitiveness and welfare. Unfortunately, due to the problems connected with the economic crisis, political instability, and problems with market reforms Ukraine has essentially been left behind in global scientific and technological development

Competition Issues of Technology Transfer

Alexey V. Pustovit

Commercialization of technologies sometimes calls for their transfer to third parties. Technology transfer agreements may limit use of a technology by imposing territorial or other restrictions, such as the transferees obligation to maintain certain production volumes or stick to determined price corridors. Under the On Protection of Economic Competition Act of Ukraine (the Competition Act) such restrictive provisions may qualify as anticompetitive concerted practices, i.e. resulting in restriction or elimination of competition in a particular market

Hot Issue

Internet Trademark Infringement in Ukraine

Yaroslav V. Ognevyuk

The current ability to protect brand names, trademarks, and identities on the Internet in Ukraine is limited. Relevant IP legislation is insufficient, and enforcement of that legislation is weak. Yet one must be careful not to judge the current problems too quickly. In light of Ukraines virtual lack of a modern history of IP legislation, the current IP protections represent significant progress

Argument

Threats to Computer Security at Law Firms

Vitalyi V. Serdiuk

A law firm is a big mechanism in which each small screw must function properly in order to achieve the best result. It is well-known that two basic pillars on which a law firm is based are clients and lawyers. At the same time, such an important detail of such a big mechanism as safety is seldom remembered

Global Legal Update

Legal Education in the United Kingdom: an Insiders View

Artem Y. Gryadushchyy

The legal profession has long been one of the most sought after professions in the world one could choose. Mostly because being a lawyer has always been associated by the general public with standout qualities, such as dignity, integrity and honesty. Interestingly, after the collapse of Soviet Union, not many people in Ukraine (or any other post-Soviet countries) actually realized what being a lawyer really meant

Crux

What are the main trends on the Ukrainian M&A market that lawyers come across in everyday practice?

Mykola Stetsenko

While the financial crisis is not over for Ukraine, there has been a lot of positive M&A activity in the last twelve months. Since August 2010 M&A activity picked-up in many sectors, including agriculture, FMCG, real estate, and financial services

Oleksiy Demyanenko

The purpose of a due diligence exercise in the context of the M&A project is to assist a potential buyer in assessing the level and nature of legal risk related to an acquisition target. Being interested in the most cost-effective approach, the purchasers normally ask their legal advisers to prepare a red flag due diligence report highlighting only identified legal risks

Oleh Malskyy

Assessing the risks in M&A transaction in Ukraine may turn out to be difficult as there may be a vast number of country inherent risks as well as hidden commercial/political risks. The role of a good lawyer will be to provide the client with sufficient background to make an educated assessment of such risks

Alexander Tretiakov

While the number of M&A transactions has been gradually rising in Ukraine, their quantity is still below the pre-crisis level. It is worth mentioning the large number of transactions on transfer of companies into ownership of a bank during settlement of loan debts

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