#4 April 2020

In focus – Intellectual Property

Reform of intellectual property rights protection in Ukraine and its enforcement has been fairly sluggish. Western countries, including the US, have been pressing Ukraine for years.

Expert Opinion

The Protection of Intellectual Property Rights in Ukraine

Eduard Tregubov

Ukraine has been going through major reforms recently covering various branches of law, ranging from the administration of justice and its system of law-enforcement authorities to tax legislation and customs regulations. The protection of intellectual property rights stands out vividly against this background, but rather than providing an example of successful reforms, it remains one of those areas that undeservedly receive little attention from legislators.

In Re

Intellectual Property Reform

Dmytro Nikulesko

Ukraine keeps on fulfilling its commitments to carry out intellectual property reform in accordance with the Association Agreement between Ukraine on the one part, and the European Union, the European Atomic Energy Community and their member states on the other part (hereinafter — the Association Agreement).

Utility Model and Patent Trolling: Window of Opportunities Seemingly Closed

Anton Polikarpov, Anna Kolodenska

Within the last year, Ukraine has taken a lot of measures to limit the possibility of abuse of law. Starting with changes to procedural codes and ending with legislation on intellectual property. As lawyers of big Ukrainian and international companies, we believe that such improvements benefit the conducting of fair business, which has a legal position and hopes to restore infringed rights as soon as possible.

“Justice Delayed, is Justice Denied”
    William E. Gladstone

Anton Kapitonenko, Khrystyna Nykerui

The establishment of a specialised High Intellectual Property Court of Ukraine has often been viewed as an effective way of improving the IP enforcement system. It was received positively by Ukrainian legal professionals and by the academic community and is expected to become an effective and valuable tool for IP rights holders.

News

Deals

AVELLUM — legal counsel to BSTDB

Sayenko Kharenko advised EBRD on EUR 15 million financing to OTP Leasing

Asters advised Regal Petroleum

AVELLUM advised EBRD

Cases

Court ordered PrivatBank to pay out USD 200 million

State Grain Corporation paid USD 4 million to Chinese company following court order

High Court of England confirmed limited nature of payments on PrivatBank Eurobonds

Draft

Draft of new Labor Code to be finalized to comply with EU legislation

Draft law on new land lease terms

Improvements to some regulatory mechanisms connected to banking activities

Law Digest

EU simplifies rules for transporting goods between countries

Coronavirus counteraction

Biznews

Oil & Gas

Oil prices crash by 30%

 

Privatization

Salt monopolist Artyomsol and State Food and Grain Corporation readied for sale

 

Coronavirus

Travel industry could suffer losses of USD 1 trillion

EU to allocate EUR 750 billion to overcome adverse effects of pandemic

JPMorgan expects imminent global recession 

Capitalization of global technological giants sinks

 

M&A

Europe remains a magnet for international dealmakers

 

Stock Market

US stock market experienced biggest crash since 1987

 

Banking & Finance

State Affordable Loans program at  5-7-9% begins to operate

 

Cover Story

Lively Discussion

The protection of intellectual property rights has always been one of the pillars of credible and reliable jurisdiction. The ongoing reform of subsequent institutions in Ukraine and delays in establishing a special IP court are accompanied by the so-called “turbo regime” in selective lawmaking. Victoria Sopilnyak, partner of Doubinsky & Osharova, explains why recent initiatives provoked such a lively discussion among stakeholders, and what the threats to proper patent protection in Ukraine are.

Argument

How should Investment Projects in Infrastructure be Prepared?

Viktor Dovhan

The Action Plan for implementing the Strategy of Infrastructure Project Lifecycle Management Reform in Ukraine for 2020-2024 envisages changes to the preparation of investment projects. At present there is no uniform approach at state level to prepare investment projects implemented out of various sources of financing, such as: own funds of enterprises, loans from international financial institutions and other loan resources, funds from the State Budget, state aid as well as private investors.

Crux

Legal Digest

Over recent weeks the UJBL team has monitored the most important legislative initiatives, from the considerable recently adopted in the first reading Draft Law On Financial Leasing to the widely discussed and necessary Law On Support of Taxpayers for the Period of Measures to Prevent the Occurrence and Spread of the Coronavirus Disease (COVID-19). Other important initiatives include several drafts in the public procurement field, drafts that may finally regulate lobbying in Ukraine. We’ve invited legal experts to share their viewpoints in commentaries below.

 

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