The reform of intellectual property protection in Ukraine is moving forward more slowly than expected. Unlike transactions, reform has no strict deadline.
The incumbent Soviet-style IP authority needs to be replaced by a modernized patent office. Enlisting foreign assistance and expert help is probably the best way to not just rebuild the outdated, inefficient system but to create a modern and effective new one...
Julia Semeniy, Mariana Polishchuk
A favorable decision in a trademark matter is a good achievement, but sometimes itТs not sufficiently satisfactory as the end of a case for a trademark owner. The question is, in particular, whether actual enforcement of the decision, such as removal of the counterfeit products, is possible. In other cases, the trial itself may be complicated due to the defendantТs strategy, such as trying to change jurisdiction or involve other parties in the proceeding by transferring the rights to a trademark to another person. To reduce such risks and facilitate successful completion of a case it may be crucial to apply an injunction. Since 15 December 2017, with the new editions of the Commercial and Civil Procedural Codes in effect, there are new rules that apply to injunctions too...
While intellectual property (IP) and antitrust share the common goal of promoting consumers welfare by enhancing innovation and economic development, there is no doubt that the interaction of IP and antitrust causes increasing tensions. The intersection of antitrust and IP have already become a hot topic in developed economies and jurisdictions. Normally, antitrust regulations tend to prevail in certain situations over IP. Pharmaceuticals and IT are usually the main industries affected by this trend and, subsequently, they are thoroughly scrutinized by antitrust authorities...
Mariya Koval, Dmytro Nikulesko
As we know, the Uniform Domain Name Dispute Resolution Policy (UDRP) is a special unified policy which was developed by the Internet Corporation for Assigned Names and Numbers (ICANN) for resolving domain names disputes. At present, the UDRP applies to all generic top level domains (.net, .com, .org, .edu, .gov, etc.) andto over 70 country code top-level domains (.ch, .au, .es, .fr and many others).
The UDRP was launched in 1999. The first case resolved under it by WIPO was World Wrestling Federation Entertainment, Inc v. Michael Bosman, involving the domain name ...
Baker McKenzie acted as lead legal counsel to MHP SE
Eterna Law Ч legal advisor to group of investment funds in sale of Core Value companies
AVELLUM advised EBRD and BSTDB on financing of one of largest solar projects in Ukraine
Acquisition of Aladdin Shopping Mall by Dragon Capital
AVELLUM advised EBRD on infrastructure financing for Negabarit-Service
Swiss bank UBS hit by massive EUR 4.5 billion fine
MTS to pay USD 850 million in US corruption case
Naftogaz got favorable ruling in Hague case against Russia over assets in Crimea
European Commission imposed another large fine on Google
London Court forbid Gazprom from withdrawing assets from England and Holland
Government proposes changes to telecommunications industry
Social Policy Ministry proposes to ban employment of individual entrepreneurs
Business said to oppose billТs idea of raising income tax on Уrich pay moreФ basis
Draft Law On Authorized Economic Operator at Customs approved
Parliament ratified MLI Convention on Taxation
NBU decided not to cut discount rate
Parliament approved anti-offshore agreement with Qatar
EU adopted new copyright law
Kernel Holding buys second largest owner of grain carriers after Ukrzaliznytsia
Ukrgasbank sold building of famous Arsenal plant
Dragon Capital acquired logistics complex outside Kyiv
European Commission approved synchronization of Ukrainian and European power systems
Financial companies move over USD one trillion from UK to EU
Spotify files claim against Apple to European Commission
EU updated offshore zones list
EBRD and EU to provide loans to small and medium business sector in Ukraine
Ukrainian bank conducted first currency swap with client
Trump prolonged sanctions against Venezuela
In a world of developing technologies, IP violations and defense are constantly evolving too. Traditional IP concerns are complimented with new challenges to protect IP rights in the digital area. We met Yaroslav Ognevyuk, whose team joined the full-service law firm Sayenko Kharenko to develop a standalone IP practice. In a private conversation Yaroslav mentioned that the firm is ready to offer clients truly pro-active strategic solutions. How far reaching these ideas are, and how the intellectual property protection industry converges with the rapidly evolving entrepreneurial climate, are the subject of our conversation.
In the course of the economyТs development and the attraction of foreign capital into Ukraine, the issue of protecting foreign investments is becoming more and more important not only at national but international level too.
Ukrainian legislation, international treaties, and conventions signed and ratified by Ukraine provide foreign investors with a fairly wide range of instruments enabling the protection of their interests in the event of any kind of investment dispute.
Rights of foreign investors in Ukraine
English law is a key export of the UK to post-Soviet countries, including Ukraine. Every year legal practitioners from both countries gather for English Law Day in Kyiv. We met Christina Blacklaws, President of the Law Society of England and Wales, to explore the development of the legal profession, the evolving role of women in law and UK market trends.
Last month was quite rich in legislature-changing activity and some of these actions caused strong waves of discussion, particularly the Draft Law On Introduction of Amendments to Several Legislative Acts of Ukraine on Strengthening the Protection of EmployeesТ Rights and Preventing the Use of Undeclared Labor and the Decision of the Constitutional Court of Ukraine on decriminalization of illicit enrichment. Other significant points were ratification of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, adoption of the Law On the Authorized Economic Operatorand some promising draft laws. The UJBL editorial team asked experts to provide some comments on these legal issues.
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