In the world the term “intellectual property” encompasses a diverse range of areas and industries — from rather general ones like patents, trademarks, copyright, to extremely specific ones like protection in the social media or domain names…
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...
Bogdan P. Borovyk
”The 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 independently”, 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 matters…
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 Culture…
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 sector…
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 practice…
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 authorities…
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 realities…
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 company’s assets. For example, by making a takeover prohibitively expensive or reducing the firm’s overall appeal…
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 one’s assets. The aim of raiders is always a company’s assets, including intangible assets — intellectual property…
Vadym Kizlenko
According to Article 22 of the On Restoring Debtor’s Solvency or Declaring it Bankrupt Act of Ukraine the debtor’s property shall, in particular, identify (if any) signs of fraudulent bankruptcy, bringing to bankruptcy, hiding stable financial insolvency, and unlawful actions in case of bankruptcy…
Viktor Korolenko
Pursuant to the provisions of the On Restoring Debtor’s 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 belongs…
Yulia Yashenkova
Before coming into force on 19 January 2013, amendments to the On Restoring Debtor’s 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 year…
Roman Drozhanskyi
A moratorium for satisfaction of creditors’ 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 resignation…
Maxim Korchagin
Certainly, implementing the new version of the On Restoring Debtor’s 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 “cut-off” of creditors, who did not manage to apply claims within the set terms, the opportunity to interpret differently the term “indisputable requirements”, etc…
