#04 April 2013

In focus – Intellectual Property

In the world the term intellectual property encompasses a diverse range of areas and industries from rather general ones like patents, trademarks, copyright, to extremely specific ones like protection in the social media or domain names

Expert Opinion

Licensing of Brands in Ukrainian Dealership Practice: Feasible Solution for Foreign Producers and Importers

Taras H. Koval, Oleksiy V. Soloviov

Dealership agreements are widely used in Ukrainian business practice, particularly by foreign producers of branded products vis-a-vis their local importers and dealers.

A dealership agreement usually provides for certain possibilities for the dealer to use trademarks of the producer which does not necessarily mean that there is trademark license agreements between the parties...

In Re

Software Protection under Software Development Agreements

Bogdan P. Borovyk

The development of computer programs requires the investment of considerable human, technical and financial resources while computer programs can be copied at a fraction of the cost needed to develop them independently, is stated in the preamble of EU Directive 2009/24/EC on legal protection of computer programs, one of the basic and most important legislative documents in European Union (the EU Directive) on software protection. In Ukraine the most important legislative act on protection of the rights of software is the On Copyright and Related Rights Act No.3792-XII (the Copyright Act). While the Copyright Act itself is quite extensive, it is not the law, but its applicability in practice, which matters

Cinematographic Heritage of Soviet Ukraine: How to avoid Copyright Infringement

Inesa A. Letych

Soviet laws and regulations governing film production differed from internationally recognized concept of copyright protection in several important respects. The filmmaking industry of the Soviet Union belonged to the state. Therefore, the rights to movies were usually assigned to state-owned film studios of a particular Soviet Republic and could have been re-assigned only within the network of the local Ministry of Culture

Service Inventions: What Law keeps Silent?

Oleg A. Klymchuk

The quantity and quality of inventions today play an important, if not crucial, role in the economic development of each country. Service inventions are key part of that sector, because a decisive part of valuable and eligible to commercialisation inventions are done exactly in various science institutions and R&D departments of companies. The effective Ukrainian laws stipulate only basic regulation for service invention, which does not often efficiently respond to multifaceted and fast developing relations in that sector

Grain under License

Taras B. Stets

The growing agricultural economy brings up before Ukrainian laws new tasks since new markets require new legal tools, among other in the field of seed variety IP rights protection.

Traditional technology for farmers to save part of the crop for sowing during the next season originating from periods when variety production was not so science-intensive interferes with modern practice

Hot Issue

Intellectual Property Rights Infringements during the Life cycle of Medicines

Illya P. Kostin, Mariya V. Smytok

The pharmaceutical sector is extremely specific, since drugs are socially significant products characterized by their low elasticity of demand. Only a small percentage of business areas are faced with the impact of the state in the domain of the production and sale of drugs. This impact is primarily seen in the huge number of regulatory procedures and increasing pressure from central executive authorities

Argument

Consultants are Needed to Dispel Prejudices and not to Solve Problems

Alexander V. Moskovkin

We like to discuss the role of consultants on strategies, PR, or legal marketing. There has been hardly a single legal conference lately without presentations or workshops on the topic of how to promote legal practices, law firms or lawyers, how to develop an appropriate strategy, or how to effectively communicate with the media. All this is interesting and important, but I believe it is not of the paramount importance in modern Russian and Ukrainian realities

Crux

Asset Protection

Alexey Pokotylo

It is generally regarded that a hostile takeover is easier to prevent than to deal with when it has been brought into action. There is a variety of defensive tactics specifically designed to prevent an outsider from succeeding in an attempt to seize a companys assets. For example, by making a takeover prohibitively expensive or reducing the firms overall appeal

Yaroslav Romanchuk

Many countries face the problem of raiding, but Ukraine has its own specifics. Where there is raiding, there appears anti-raiding, as it is necessary to protect ones assets. The aim of raiders is always a companys assets, including intangible assets intellectual property

Vadym Kizlenko

According to Article 22 of the On Restoring Debtors Solvency or Declaring it Bankrupt Act of Ukraine the debtors property shall, in particular, identify (if any) signs of fraudulent bankruptcy, bringing to bankruptcy, hiding stable financial insolvency, and unlawful actions in case of bankruptcy

Viktor Korolenko

Pursuant to the provisions of the On Restoring Debtors Solvency or Declaring it Bankrupt Act of Ukraine only monetary claims are included in the register of claims. Depending on the grounds and time periods for the occurrence of the claims, or whether monetary claims are secured by property (pledge), it is possible to distinguish certain categories of creditors. The special characteristics of presenting monetary claims by a creditor are determined by the particular category to which the creditor belongs

Yulia Yashenkova

Before coming into force on 19 January 2013, amendments to the On Restoring Debtors Solvency or Declaring it Bankrupt Act of Ukraine provided for simplified proceedings in bankruptcy cases of absent debtors. Such simplified proceedings could be applied if a debtor was absent at its registered address (evidenced by an Extract from the Unified State Register of Legal Entities and Individuals-Entrepreneurs) or failed to submit tax and accounting reports for the period of one year

Roman Drozhanskyi

A moratorium for satisfaction of creditors claims shall be imposed by the court ruling initiating bankruptcy proceedings. Such a moratorium remains in force until bankruptcy proceedings are discontinued. The administrator may be dismissed due to his/her resignation

Maxim Korchagin

Certainly, implementing the new version of the On Restoring Debtors Solvency or Declaring it Bankrupt Act of Ukraine made the whole mechanism more complete. A lot of bankruptcy misuse schemes were brought to nothing, in particular the so-called cut-off of creditors, who did not manage to apply claims within the set terms, the opportunity to interpret differently the term indisputable requirements, etc

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