The Ukrainian Journal of Business Law

[http://www.portmone.com.ua/v2/ru/services/periodicals/2533/] 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 DLF attorneys-at-law Torus Business Centre, 17d Hlybochytska Street, Kyiv , 04050 , Ukraine Phone: +380 44 384 24 54 Fax: +380 44 384 24 55 info@dlf.ua www.dlf.ua ECOVIS Bondar & Bondar Law Bureau 3 Rognidyns'ka street, office 10, Kyiv , 01004 , Ukraine Phone: +38 (044) 537 09 10 Fax: +38 (044) 537 09 10 Kyiv-law@ecovis.com www.ecovis.com/ua 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 Hincker et associes Law Firm 18 avenue de la Marseillaise, Strasbourg , 67000 , FRANCE Phone: +33 (0) 388 15 14 26 Fax: +38 (0) 388 15 19 85 Hincker@hincker-associes.com http://www.hincker-associes.com/ru 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 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 KUSHNIR, YAKYMYAK & PARTNERS 19-B Instytutska Street, Suite 40, Kyiv , 01021 , Ukraine Phone: +380 44 253 5939 Fax: +380 44 253 5940 kypartners@kypartners.com www.kypartners.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/ Misechko & Partners 76B Volodymyrska Street, Office 7, Kyiv , 01033 , Ukraine Phone: +380 44 279 3943 Fax: +380 44 287 5480 office@misechko.com.ua misechko.com.ua Sayenko Kharenko 10 Muzeyny Provulok, 7th floor, Kyiv , 01001 , Ukraine Phone: +380 44 499 6000 Fax: +380 44 499 6250 info@sk.ua www.sk.ua S.T. Partners 61/11 Volodymyrska Street, Kyiv , 01033 , Ukraine Phone: +380 44 234 4097 Fax: +380 44 289 9850 info@stpartners.com.ua www.stpartners.com.ua CURRENT ISSUE ( May 2017 ) In focus – Intellectual Property Intellectual property (IP) plays a strategic role in companies’ assets portfolios. It drives dealmaking activity like M&A, and shapes the innovation landscape. It is an eminent reality around the world that business is relying increasingly on investment in intangible assets. IP ensures a return on investments, and naturally IP rights owners seek protection. When a country becomes lucrative for the expansion of big multinationals, the role of its IP regulation grows, while the subsequent demand from the outside world anchors these commitments. Expert Opinion Coming IP Courts: the Devil is in the Procedure Olena Vardamatska It is both exciting and challenging to observe the birth of the IP court system in Ukraine. Introduction of specialized courts brings hope both to IP lawyers and right holders that litigation on IP issues will turn from a nightmare into stories with happy endings. Still, aspirations are of little help in resisting statutory uncertainty, taking into account that new laws must be adopted or existing changed to implement IP courts. Though realizing the creativity of MPs and ability to turn a perfect engine into a bicycle, the enthusiasm of lawyers is much to the ground. In Re Intellectual Property Transactions on Public-Private Partnership Projects Anton Zinchuk The first public-private partnership (PPP) projects started in Ukraine at the beginning of the 1990s. At that time the newly-established Ukrainian state felt a significant lack of special regulation in the PPP area and relations between the state and business were governed by general legislation: the Civil Code of Ukrainian Soviet Social Republic of 18 July 1963 No. 1540-VI, the Law of Ukraine On Property of 7 February 1991 No. 697-XII and other laws adopted by the state of Ukraine and the former USSR. † Practice of Domain Name Disputes in Ukraine Andrii Slobodeniuk Basically, every significant investor aiming to invest in business in Ukraine thoroughly examines the national legal environment. More recently, with the development of Internet technologies, the separate attention should be paid inter alia to the law of intellectual property. Relevant case law shows many examples when foreign entrepreneurs face obstacles in the registration of domain names that correspond to trademarks. In particular, the domain name may be already taken and put up for sale, exceeding its actual price by several times. † News Deals Asters advised EBRD on USD 3 million loan to Ecosoft Redcliffe Partners supported EBRD in launch of renewable energy generation plant Asters Ч legal counsel to ED&F Man Metinvest B.V. completed USD 2.3 billion debt restructuring CMS advised on one of CEEТs largest ever restructurings Cases NBU decision on Financial Initiative bank’s insolvency declared illegal Pechersk District Court arrested Ukrtelecom shares OJSC Ostankino Dairy Combine bankruptcy ECHR obliged Russia to pay EUR 3 million to relatives of Beslan victims Draft New automated system to control turnover of excisable tobacco and alcohol goods Certification of Energy Performance of Buildings Draft Law on electronic money transfer Commercial accounting for public utilities Law Digest Model form of anti-corruption program for public procurement participants Process to liquidate unprofitable mines improved National Bank permitted withdrawal of dividends for 2016 Parliament allowed reorganization of medical institutions into companies Parliament adopted draft law on electricity market Biznews Transportation Railway-ferry service between Ukraine and Georgia Visa Policy Visa abolition M&A UkraineТs M&A report released 21st Century Fox takes over Sky Deal between MasterCard and VocaLink Energy Memorandum on possible cooperation between Naftogaz, Eustream and Snam Finance Project Urban Public Transport in Ukraine IT Cabinet of Ministers signed memorandum with Bitfury, Blockchain Company AMCU AMCU considers case against LLC Nova Poshta International Chamber News Chamber Survey on the Effectiveness of Ukrainian Railway Activities in 2016 Chamber Survey on the Effectiveness of Ukrainian Railway Activities in 2016 The American Chamber of Commerce in Ukraine conducted among its Member Companies a survey on the effectiveness of Ukrainian Railways activities in 2016. On the basis of the results, 54% of respondents believe that conditions in the railway freight transportation sphere worsened in 2016. In addition, 61% of respondents assess Ukrainian Railway measures in the fight against corruption as ineffective. Cover Story IP Acceleration The evidence suggests that the protection of intellectual property rights is that very unique practice area that is less sensitive to crisis and is a benchmark of a countryТs economic culture. Reform of Ukrainian intellectual property rights may bring lots of changes for business community and IP professionals.† Mariya Ortynska, director of IPStyle Patent Law Company is certain that IP lawyers will definitely have more professional challenges and new work with the coming legislative novelties. We met with her so as to take a wider look at the Ukrainian IP market and ongoing regulatory changes, their impact on IP rights protection and enforcement, as well as the international perception of Ukraine. After an intense conversation with her we came away persuaded that efforts on IP right protection are being sped up. Argument Ukrainians Arguing Before the European Court of Justice: Options, Difficulties & Potential Outcomes Pavlo Byelousov, Oleksandr Zablotsky The European Union (EU), often defined as a supranational organization, has an increasingly complex and influential legal order. Its rules mostly deal with the European Single Market, but also spam to other areas such as justice and security, foreign policy and social welfare. Importantly, EU law also has increasing importance for EU neighbors, which often commit to follow the EU law under international agreements (e.g. association agreements) in exchange for increased access to the EU Single Market. Hot Issue Access to English Courts for Interim Measures under Threat? Yelyzaveta Kovalska The High Court of England and Wales (the Court) by its recent judgment in Gerald Metals SA v Timis [2016] EWHC 2327 (Ch) refused to grant injunctive relief on the basis that emergency arbitration procedure was available to the applicant. This approach, if further upheld, raises concerns that the ability of English courts to grant injunctions in support of arbitration might be severely restricted where the emergency arbitration procedure is available to the parties in accordance with arbitration rules. Crux Legislative Update Over the course of last month our team monitored legislative initiatives and changes that may be of particular interest. We asked experts to give us their hands-on comments. Particularly on our radar are the parliamentary initiatives on reorganizing healthcare institutions into state and municipal non-commercial enterprises, promoting alternative energy sources and introducing commercial accounting of utility services. The month was also rich in Government resolutions, such as the new procedure for the establishment and operation of independent supervisory boards in state companies and introduction of the drugs reimbursement mechanism. Of course, it is important to note novelties from the National Bank of Ukraine. Subscribe Subscribe to The Ukrainian Journal of Business Law right now and enjoy the most relevant issues on doing business in Ukraine on your device or in print. All this for just USD 9.99 a month. Sign In E-mail Password Remember Me Reset password Subscribe/Register HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ANALYTICS SPONSORSHIP & ADVERTISING GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ADVERTISE GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT BANNER EXCHANGE Copyright © 2003-2017 by Yuridicheskaya Practika Publishing. All rights reserved.