LATEST NEWS

April 23, 2019

AVELLUM represented the client in GAFTA appeal

  The GAFTA Board of Appeal satisfied in full the client’s claim of approximately USD 150,000 seeking compensation for damages specified in a washout agreement that were caused by the failure to comply with the contract. A washout agreeme…

Asters secures a no-duty outcome in anti-dumping investigation into imports of syringes to Ukraine

  Asters secured a convincing victory in the anti-dumping investigation into imports of syringes from India, Turkey, and China, as the Interdepartmental Commission on International Trade (ICIT) voted to terminate the 18-months investigation wit…

Eterna Law represented Soufflet Negoce SA

Eterna Law has successfully represented Soufflet Negoce SA in the Supreme Court of Ukraine in the process of recognition and enforcement of a disclosure order issued by the High Court of Justice of England and Wales The application successfully wen…

 

CURRENT ISSUE (April 2019)

In focus – Trademarks

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 Enlisting foreign assistance and expert help is probably the best way to not just rebuild the outdated, inefficient system but to create a modern and effective new one...

Expert Opinion

Injunction in Trademark Matters

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...

In Re

Interaction between Antitrust and Intellectual Property in Ukraine

Oleksandr ALEKSYEYENKO

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...

Non-Judicial Proceedings with Respect to Domain Name Disputes

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 ...

News

Deals

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

Cases

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

Draft

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

Law digest

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

Biznews

M&A

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

Energy

European Commission approved synchronization of Ukrainian and European power systems

Brexit

Financial companies move over USD one trillion from UK to EU

Competition

Spotify files claim against Apple to European Commission

International Tax

EU updated offshore zones list

Banking & Finance

EBRD and EU to provide loans to small and medium business sector in Ukraine

Ukrainian bank conducted first currency swap with client

Sanctions

Trump prolonged sanctions against Venezuela

Cover Story

Strategic Solution

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.

Argument

Investment Protection in Ukraine

Ievgeniia Makarenko

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

Biz Lunch

Evolving Role

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.

Crux

Legal Digest

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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