The Ukrainian Journal of Bussines Law

[http://inta.org] Counse link ANTIKA Law Firm 12, Khreshchatyk street, 2-nd floor, Kyiv , 01001 , Ukraine Phone: +38 (044) 390 09 20 Fax: +38 (044) 390 09 21 office@antikalaw.com.ua www.antikalaw.com.ua/en Arzinger 75, Zhylyanska Street., 5th floor, Kyiv , 01032 , Ukraine Phone: +38 (044) 390 55 33 Fax: +38 (044) 390 55 40 mail@arzinger.ua www.arzinger.ua Asters Leonardo Business Center, 14th floor, 19-21 Bohdana Khmelnytskoho St., Kyiv , 01030 , Ukraine Phone: +380 44 230 6000 Fax: +380 44 230 6001 info@asterslaw.com www.asterslaw.com Chadbourne & Parke LLP 25B Sahaydachnoho Street, 3 Floor, Kyiv , 04070 , Ukraine Phone: +38 (044) 461 75 75 Fax: +38 (044) 461 75 76 Kyiv@chadbourne.com www.chadbourne.com CMS Cameron McKenna LLC 6 Floor, 38 Volodymyrska Street, Kyiv , 01034 , Ukraine Phone: (044) 391 33 77 Fax: (044) 391 33 88 kyivoffice@cms-cmck.com www.law-now.com DLA Piper Ukraine, LLC 77A Velyka Vasylkivska Street, Kyiv , 03150 , Ukraine Phone: (044) 490 95 75 Fax: (044) 490 95 77 ukraine@dlapiper.com www.dlapiper.com Gvozdiy & Oberkovych 19b Institutska str., Office 29, Kyiv , 01021 , Ukraine Phone: +38 (044) 581 12 20 Phone: +38 (044) 581 12 21 Fax: +38 (044) 581 12 22 info@gvozdiy.com www.gvozdiy.com International law firm Integrites 15-B Borysohlibska St.,, Kyiv , 04070 , Ukraine Phone: +380†(44) 391 38 53 Fax: +380†(44) 391 38 54 pr@integrites.com www.integrites.com Inyurpolis law firm (ILF) 14-A †Skrypnyka Street,, Kharkov , 61057 , Ukraine Phone: +38†(057)†728 00 00 Fax: +38†(057)†714 06 28 office@ilf-ua.com www.ilf-ua.com Konnov & Sozanovsky 23 Shota Rustaveli Street, Suite 3, Kiev , 01019 , Ukraine Phone: +380 (0) 44 490-5400 Fax: +380 (0) 44 490-5490 info@konnov.com www.konnov.com LCF Law Group 47 Volodymyrska street, Office 3, Kyiv , 01034 , Ukraine Phone: +38 (044) 455 88 87 Fax: +38 (044) 502 55 23 info@lcfgroup.com.ua www.lcfgroup.com.ua/en/ Spenser & Kauffmann 3 Panfilovtsev Street, Kyiv , 01015 , Ukraine Tel./Fax: +38 (044) 288 83 83 office@sklaw.com.ua www.sklaw.com.ua VS Litigation 16/3, M. Zhytomyrska Str., Office 28, Kyiv , 01001 , Ukraine Phone: +380 (44) 227 44 99 Fax: +380 (44) 278 31 73 Kyiv@vslitigation.com vslitigation.com CURRENT ISSUE ( March 2012 ) In focus – Unfair Competition Over the last couple of years we have regularly observed trials between known brand owners and mostly local manufacturers that design their production to imitate market leaders and confuse customers. Parasitic copying, likelihood, distorting practiceЕ This is not a complete list of definitions as a description. But let us move ahead a little bitЕ Expert Opinion Procedure for Conducting Investigation of Unfair Competition Cases in Ukraine Alexey A. Kot, Alexander V. Ttretiakov The Antimonopoly Committee of Ukraine performs quasi-judicial functions during consideration of cases regarding violation of the legislation on protection of economic competition and applies sanctions which are stipulated by the law to violators while exercising of powers on protection of economic competition delegated by the state... In Re Unfair Advertising and Unfair Competition Yelena O. Stasyk Very often advertisements promise Уthe longest lushesФ, Уthe lowest pricesФ or Уthe fastest effectФ, leaving consumers disappointed with the advertised products or services. Such misleading advertisements constitute violation of consumers rights and competition laws. In order to understand what type of advertisement can be viewed as a violation we must analyse the definitions given by Ukrainian laws, and understand the approach of government authorities, as well as review court practice... Fighting Trade Libel (Defamation) in Ukraine Daniyil E. Fedorchuk Imagine having a cup of a morning coffee with a croissant, opening a business newspaper and finding an article saying that a product which you have just introduced in the market is rubbish, was manufactured using slave labor and is dangerous for consumers. Or watching a market analyst giving a TV interview and stating that a medical drug in which you have invested millions to develop is more likely to harm than to heel. Or finding an e-mail message from your colleagues with a link to a web resource where you as a manager are alleged to have been involved in a corrupt plot with the aim of swindling your shareholders... Parasitic Copying: Ukraine in Comparison to its EU Counterparts Dmitry P. Taranyk, Predrag Krupez Parasitic copying has had a noticeable anticompetitive effect on Ukrainian competition over the years and, in light of the global proliferation of advertising through the mass media, it is only going to become more prevalent in the future. Although trademark laws can, to an extent, be relied on to prosecute violators, it is the rules of unfair competition law that act as an instrumental agent for protecting the innovative achievements of businesses. In other words, although we are dealing with intellectual property rights, the provisions of trademark laws fall short of providing adequate protection to businesses... Case Law Practical Aspects of Trying Passing-off Cases in Ukraine Oleh M. Malskyy, Volodymyr O. Yakubovskyy In recent years major foreign FM—G producers face their goods being passed off and other cases of unfair competition from different local producers. In these cases there is no direct counterfeiting. The products are still very similar in name, trademark, packaging or advertising materials which may result in confusion or even the deception of a regular customer. Such cases can be tried before a court for trademark or patent infringement, but a well-known producer often has a weak position as there is no direct confusion with its registered trademark or patent... Argument Unfair Competition on the Legal Services Market Konstantin A. Sidorenko The On Protection against Unfair Competition Act of Ukraine No.236/96-VR of 7 June 1996 defines unfair competition as Уany actions in competition that contradict the trade and other fair practices in economic activityФ. A more detailed definition can be found in the Administrative Offenses Code of Ukraine . The Code considers Уunfair competitionФ as Уillegal copying of forms, packaging, exterior and also imitation, copying, and direct reproduction of other businessФ goods, unauthorized use of their name; intentional dissemination of false or inaccurate information that may harm business reputation or property interests of another business; receipt, use, disclosure of trade secrets and confidential information in order to harm the reputation or property of other businessТЕ Commercial Agency Ч the Ukrainian Way Nataliya Y. Mykolska, Anzhela M. Makhinova At a time when business is tending to get global, it is high time to think about the companyТs presence on the foreign markets. The ways for expanding businesses changed profoundly and now companies are fortunate enough to use a whole variety of tools while entering foreign markets: from opening a representative office and/or establishing local subsidiaries to operating through distributors and franchiseesЕ Hot Issue Ukrainian Oil and Gas Sector in 2011 Vitaliy V. Radchenko 2011 has served as a transition period for the Ukrainian oil and gas industry even if there are no particular accomplishments or dramatic changes to speak of. This transition period should pave the way for important and interesting developments in 2012Е Networking Stolypin Club Promoted Charitable Initiatives Volodymyr O. Kolvakh The first Christmas Evening of the Stolypin Club took place on 21 December 2011. Being closed to the general public, the Club opened its doors to dedicated guests to provide unique networking on the eve of the Holiday season. Crux Countdown to Extra Time Illya Onyschenko The threat of administrative and criminal sanctions should encourage companies to bring their business processes into line with data protection regulations. A six month grace period is a good opportunity to do it substantively and systematicallyЕ Taras Lukash The rationale for postponing the statuteТs coming into force is that it will give companies and individuals an opportunity to make necessary steps aimed at ensuring compliance, which also includes registration of personal databases with the state service of Ukraine for Personal data Protection, with the Personal Data Protection Act of UkraineЕ Yevgen Blok Control over compliance by individuals or legal entities with Ukrainian legislation on protection of personal data is exercised by the state service of Ukraine on Personal data Protection (the Service). The processor or controller of personal database may be inspected by the service pursuant to the scheduled inspection or on the basis of someoneТs complaint submitted to the ServiceЕ Maria Gordienko Controlling mechanisms in the area of personal data protection are currently under development. The order of audits of holders/managers of personal data is not yet developed for the state service on Personal Data Protection (hereinafter Ч the service). Such audits, both scheduled and unscheduled, are envisaged by the regulation of this agencyЕ HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS SPONSORSHIP & ADVERTISING GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ADVERTISE GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT BANNER EXCHANGE Copyright © 2003-2010 by Yuridicheskaya Practika Publishing. All rights reserved.