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/ Sokolovskyi and Partners Law Firm 25 Klinichna Street, 2nd floor, Kyiv , 03141 , Ukraine Phone: +380 44 495 1928 Fax: +380 44 275 6799 pravo@lex.org.ua www.lex.org.ua 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 ( April 2012 ) In focus – Trademarks I n a world full of huge variety for goods and services, consumers usually choose in line with their perception of brands. But prior to a brandТs УbirthФ there is the long and sophisticated work by people of marketing, finance, IP lawyers, etc. It is the whole circle from creating a trademark as an intellectual property asset, its operational use, value growth and defense from violationsЕ Expert Opinion Trademark Registration in Ukraine: Provisional Refusals, their Avoidance and Overcoming Oleg O. Milchenko P rovisional refusal is a decree of an examiner on the stage of qualifying examination, which contains conclusions why a certain trademark cannot be registered in accordance with conditions of granting legal protection to marks. The number of provisional refusals has increased in recent years. Such situation is caused by an increasing amount of registered trademarks, on the one hand and, on the other hand, this fact confirms that the attitude to the examination and construction of legislation clauses among examiners is moving toward international standardsЕ In Re Trademarks Reproducing Names, Surnames and Portraits of Famous People Oleksandr A. Aleksyeyenko, Yevgen O. Blok U krainian intellectual property law, as well as intellectual property laws of many other countries, does not contain any absolute restrictions with regard to registration of surnames as trademarks. There are a lot of examples of trademarks bearing the surnames of their owners. Still, there have always been applicants willing to have registered trademarks reproducing the surnames of people who have already left or who are leaving their trace in the history... Abuse of Prior Use Olena O. Vardamatska T he decision to explore the practical application of the right of prior use of trademarks (hereinafter Ч prior use) in Ukraine was provoked by an expert conclusion of a patent attorney from the South of Ukraine. The expert in this area insisted that the initial holder of a trademark certificate is entitled to freely use the relevant trademark after the transfer of all its property rights to another person, such use was justified by the initial holderТs prior use of this trademark... Insure my Brand Craig A. Bailey O ne of the great problems for insurance companies is convincing clients to get covered for something that might happen, but is not guaranteed to. The client might get sick, might have an accident or his house might catch fire, but no-one knows for sure... Hot Issue Conversion of Debt Into Equity Illya O. Tkachuk I t goes without saying that each legal system should provide effective mechanisms for conducting business, in particular, provisions relating to operation and management of companies. One such mechanism is the possibility to convert a companyТs obligations into equity. This mechanism allows the company to issues shares to offset its due and payable obligations and, thus, to avoid transformation of such obligations into debt and to use available funds for other business purposes... How To Import of Encryption Products into Ukraine Ч What Importers Should Know Tetiana G. Gryn S tarting with basics, cryptography allows conversion of readable information into a non-readable format. Cryptography uses techniques that allow converting data into readable format to a specific recipient using a key. Thus, cryptographic techniques allow users to create documents and exchange data in a secure format... Argument RussiaТs Accession to the WTO: Impact on Ukraine Dr. Viktor M. Dovhan R ussia will become a WTO member after 18 years of negotiations. By the autumn of 2011 Russia had received consent to join the WTO from all members of the organization except Georgia. However, in early November, Moscow and Tbilisi, through intermediary Switzerland, were able to agree on a bilateral agreement on WTO, and then signed it. On 10 November the final protocol on RussiaТs accession to the WTO was adoptedЕ Merger Control in Ukraine. Strengths, Weaknesses and Perspectives Nataliya V. Misnik T hat is self-evident that competition is desirable, because it brings cost efficiency, low prices and prospect for innovation. Markets that are competitive tend to lead to a higher level of consumer welfare than markets that are not competitiveЕ Crux Ready to Host Visitors?.. Alexander Weigelt Almost everyone knows that Poland and Ukraine will host the UEFA EURO 2012 European Football Championship, with the first matches scheduled for June 2012. Preparations for the championship have already stimulated the construction, hospitality, and transport industries, not to mention banks, investors and law firmsЕ Iryna Vlasyuk Ukraine cherishes high hopes for the 2012 UEFA European Football Championship, particularly in the economic domain. Money has been invested not only in stadiums but in road construction. In the meantime, one of the most important questions is providing conditions for the safe stay of foreign tourists in Ukraine during the matchesЕ 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.