The Ukrainian Journal of Bussines Law

[http://www.inta.org/2013AM/Pages/Overview.aspx] 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 Instytutska Street, Office 29, Kyiv , 01021 , Ukraine Phone: +38 (044) 581 12 20 Phone: +38 (044) 581 12 21 Fax: +38 (044) 581 12 22 info@golaw.ua www.golaw.ua Ilyashev & Partners 11 Kudryavska Str, Kyiv , 04053 , Ukraine Phone: +38 (044) 494 19 19 Fax: +38 (044) 494 19 99 office@attorneys.ua www.attorneys.ua IMG Partners 1/8 Ihorivska str.,, Kyiv , 04070 , Ukraine Phone: +380 44 201-10-66 Fax: +380 44 201-10-66 office@imgpartners.com.ua www.imgpartners.com.ua 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 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 2013 ) In focus – Intellectual Property In the world the term Уintellectual propertyФ encompasses a diverse range of areas and industries Ч from rather general ones like patents, trademarks, copyright, to extremely specific ones like protection in the social media or domain namesЕ Expert Opinion Licensing of Brands in Ukrainian Dealership Practice: Feasible Solution for Foreign Producers and Importers Taras H. Koval, Oleksiy V. Soloviov Dealership agreements are widely used in Ukrainian business practice, particularly by foreign producers of branded products vis-a-vis their local importers and dealers. A dealership agreement usually provides for certain possibilities for the dealer to use trademarks of the producer which does not necessarily mean that there is trademark license agreements between the parties... In Re Software Protection under Software Development Agreements Bogdan P. Borovyk ФThe development of computer programs requires the investment of considerable human, technical and financial resources while computer programs can be copied at a fraction of the cost needed to develop them independentlyФ, is stated in the preamble of EU Directive 2009/24/EC on legal protection of computer programs, one of the basic and most important legislative documents in European Union (the EU Directive) on software protection. In Ukraine the most important legislative act on protection of the rights of software is the On Copyright and Related Rights Act No.3792-XII (the Copyright Act). While the Copyright Act itself is quite extensive, it is not the law, but its applicability in practice, which mattersЕ Cinematographic Heritage of Soviet Ukraine: How to avoid Copyright Infringement Inesa A. Letych Soviet laws and regulations governing film production differed from internationally recognized concept of copyright protection in several important respects. The filmmaking industry of the Soviet Union belonged to the state. Therefore, the rights to movies were usually assigned to state-owned film studios of a particular Soviet Republic and could have been re-assigned only within the network of the local Ministry of CultureЕ Service Inventions: What Law keeps Silent? Oleg A. Klymchuk The quantity and quality of inventions today play an important, if not crucial, role in the economic development of each country. Service inventions are key part of that sector, because a decisive part of valuable and eligible to commercialisation inventions are done exactly in various science institutions and R&D departments of companies. The effective Ukrainian laws stipulate only basic regulation for service invention, which does not often efficiently respond to multifaceted and fast developing relations in that sectorЕ Grain under License Taras B. Stets The growing agricultural economy brings up before Ukrainian laws new tasks since new markets require new legal tools, among other in the field of seed variety IP rights protection. Traditional technology for farmers to save part of the crop for sowing during the next season originating from periods when variety production was not so science-intensive interferes with modern practiceЕ Hot Issue Intellectual Property Rights Infringements during the Life cycle of Medicines Illya P. Kostin, Mariya V. Smytok The pharmaceutical sector is extremely specific, since drugs are socially significant products characterized by their low elasticity of demand. Only a small percentage of business areas are faced with the impact of the state in the domain of the production and sale of drugs. This impact is primarily seen in the huge number of regulatory procedures and increasing pressure from central executive authoritiesЕ Argument Consultants are Needed to Dispel Prejudices and not to Solve Problems Alexander V. Moskovkin We like to discuss the role of consultants on strategies, PR, or legal marketing. There has been hardly a single legal conference lately without presentations or workshops on the topic of how to promote legal practices, law firms or lawyers, how to develop an appropriate strategy, or how to effectively communicate with the media. All this is interesting and important, but I believe it is not of the paramount importance in modern Russian and Ukrainian realitiesЕ Crux Asset Protection Alexey Pokotylo It is generally regarded that a hostile takeover is easier to prevent than to deal with when it has been brought into action. There is a variety of defensive tactics specifically designed to prevent an outsider from succeeding in an attempt to seize a companyТs assets. For example, by making a takeover prohibitively expensive or reducing the firmТs overall appealЕ Yaroslav Romanchuk Many countries face the problem of raiding, but Ukraine has its own specifics. Where there is raiding, there appears anti-raiding, as it is necessary to protect oneТs assets. The aim of raiders is always a companyТs assets, including intangible assets Ч intellectual propertyЕ Vadym Kizlenko According to Article 22 of the On Restoring DebtorТs Solvency or Declaring it Bankrupt Act of Ukraine the debtorТs property shall, in particular, identify (if any) signs of fraudulent bankruptcy, bringing to bankruptcy, hiding stable financial insolvency, and unlawful actions in case of bankruptcyЕ Viktor Korolenko Pursuant to the provisions of the On Restoring DebtorТs Solvency or Declaring it Bankrupt Act of Ukraine only monetary claims are included in the register of claims. Depending on the grounds and time periods for the occurrence of the claims, or whether monetary claims are secured by property (pledge), it is possible to distinguish certain categories of creditors. The special characteristics of presenting monetary claims by a creditor are determined by the particular category to which the creditor belongsЕ Yulia Yashenkova Before coming into force on 19 January 2013, amendments to the On Restoring DebtorТs Solvency or Declaring it Bankrupt Act of Ukraine provided for simplified proceedings in bankruptcy cases of absent debtors. Such simplified proceedings could be applied if a debtor was absent at its registered address (evidenced by an Extract from the Unified State Register of Legal Entities and Individuals-Entrepreneurs) or failed to submit tax and accounting reports for the period of one yearЕ Roman Drozhanskyi A moratorium for satisfaction of creditorsТ claims shall be imposed by the court ruling initiating bankruptcy proceedings. Such a moratorium remains in force until bankruptcy proceedings are discontinued. The administrator may be dismissed due to his/her resignationЕ Maxim Korchagin Certainly, implementing the new version of the On Restoring DebtorТs Solvency or Declaring it Bankrupt Act of Ukraine made the whole mechanism more complete. A lot of bankruptcy misuse schemes were brought to nothing, in particular the so-called Уcut-offФ of creditors, who did not manage to apply claims within the set terms, the opportunity to interpret differently the term Уindisputable requirementsФ, etcЕ 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 © 2003-2013 by Yuridicheskaya Practika Publishing. All rights reserved.