Projects we have implemented in this industry
A hardware & software developer
Advising and representation of interests of a major Belarusian developer of the software for manufacturers of high-tech products in a dispute with a customer due to improper performance of contractual terms by the customer and violation of the developer’s intellectual property rights. The dispute amount is over EUR 600 thousand.
We supported registration of computer applications at the NIPC, entry of computer applications in the unified customs register of intellectual property, negotiations and the correspondence on claims.
An Austrian payment systems provider
Support of an Austrian telecommunications company in the course of entering the Belarusian market and formalizing software development relations with the contractor on the project (Kapsch Group) to create the BelToll road toll collection system in Belarus.
An American health-care unicorn
Advising the largest U.S. manufacturer of fitness devices on the establishing a R&D center in Belarus, registration of commercial secrets protection, copyright for proprietary software, adaptation of employment contract forms and local acts made up according to the U.S. law, support of admission to the High-Tech Park as a resident.
A Belarusian food manufacturer
Representation of interests for defense against claims made due to the fact that the product was similar to the competitor’s product by a number of features, development of documents for addressing the MART.
We performed the legal expertise, involved professional for performing surveys, initiated negotiations, and managed to settled down the conflict without financial losses for the client.
A Spanish fashion retailer
Comprehensive support of a retailer’s entry into the market, including conclusion of a set of franchising agreements with foreign right holders. We studied all intellectual property facilities that were part of the license package, developed a franchise agreement taking into consideration the specifics of the Belarusian civil and customs law, supported the client in negotiating on the agreement with the National Center for Intellectual Property and its state registration.
A manufacturer of toys
We developed and concluded a license agreement with a foreign copyright holder for audio works and characters from famous cartoons as part of comprehensive legal servicing of a major Belarusian manufacturer and retailer of children’s toys.
We also defended the client in cases of unfair competition and violations of rights to the trademark in the MART and in courts several time. In one of the cases, we proved that a Belarusian competitor deliberately placed an order for manufacturing of similar products in the PRC and imported them to Belarus, so that the products mixed and consumers erroneously bought the competitor’s products.
Such actions were acknowledged unfair competition and prohibited by the MART. The violator was brought to administrative liability.
Mastercard
We advised a major global payment agent on actual issues of activities in the Republic of Belarus, including the personal data protection issues. We took into consideration both current GDPR requirements and local regulations regarding the personal data collection, storage and processing regulations.
Softekko
As part of the next stage of development of the Belarusian IT company, which serves foreign customers, and taking into consideration changes in the Belarusian law regarding the High-Tech Park, personal data protection and trade secrets, we developed updated forms of all key documents, including the NDA, the software development agreement, the commercial secret provision, the non-disclosure agreement with employees, and the employment contract with increased liability.
A hardware & software developer
Advising and representation of interests of a major Belarusian developer of the software for manufacturers of high-tech products in a dispute with a customer due to improper performance of contractual terms by the customer and violation of the developer’s intellectual property rights. The dispute amount is over EUR 600 thousand.
We supported registration of computer applications at the NIPC, entry of computer applications in the unified customs register of intellectual property, negotiations and the correspondence on claims.
An Austrian payment systems provider
Support of an Austrian telecommunications company in the course of entering the Belarusian market and formalizing software development relations with the contractor on the project (Kapsch Group) to create the BelToll road toll collection system in Belarus.
An American health-care unicorn
Advising the largest U.S. manufacturer of fitness devices on the establishing a R&D center in Belarus, registration of commercial secrets protection, copyright for proprietary software, adaptation of employment contract forms and local acts made up according to the U.S. law, support of admission to the High-Tech Park as a resident.
A telecommunications corporation
Advising a major global telecommunications company on the issue of legal regulating of broadcasting in the Republic of Belarus, making payments to the NIPC, contractual relations with local operators.
A Belarusian food manufacturer
Representation of interests for defense against claims made due to the fact that the product was similar to the competitor’s product by a number of features, development of documents for addressing the MART.
We performed the legal expertise, involved professional for performing surveys, initiated negotiations, and managed to settled down the conflict without financial losses for the client.
A Spanish fashion retailer
Comprehensive support of a retailer’s entry into the market, including conclusion of a set of franchising agreements with foreign right holders. We studied all intellectual property facilities that were part of the license package, developed a franchise agreement taking into consideration the specifics of the Belarusian civil and customs law, supported the client in negotiating on the agreement with the National Center for Intellectual Property and its state registration.
A manufacturer of toys
We developed and concluded a license agreement with a foreign copyright holder for audio works and characters from famous cartoons as part of comprehensive legal servicing of a major Belarusian manufacturer and retailer of children’s toys.
We also defended the client in cases of unfair competition and violations of rights to the trademark in the MART and in courts several time. In one of the cases, we proved that a Belarusian competitor deliberately placed an order for manufacturing of similar products in the PRC and imported them to Belarus, so that the products mixed and consumers erroneously bought the competitor’s products.
Such actions were acknowledged unfair competition and prohibited by the MART. The violator was brought to administrative liability.
Mastercard
We advised a major global payment agent on actual issues of activities in the Republic of Belarus, including the personal data protection issues. We took into consideration both current GDPR requirements and local regulations regarding the personal data collection, storage and processing regulations.
Softekko
As part of the next stage of development of the Belarusian IT company, which serves foreign customers, and taking into consideration changes in the Belarusian law regarding the High-Tech Park, personal data protection and trade secrets, we developed updated forms of all key documents, including the NDA, the software development agreement, the commercial secret provision, the non-disclosure agreement with employees, and the employment contract with increased liability.
How can we help
Competitors illegally use your trademark, send letters indicating poor quality of your products, try to affect the lessor and get your premises, or, vice versa, accuse you of unfair competition?
Lawyers will ensure representation of your interests at the antitrust body, in courts, within the scope of administrative proceeding, suggest what actual measures will help avoid such situations and provide protection against unfair counterparties’ actions.
The antitrust law of Belarus impose special restrictions on certain market participants. Some deals (reorganization, sale of a part or shares, etc.) cannot be performed without the antitrust body’s consent, and without such consent it can be declared null and void. With that, it applies not only to entities that hold dominant positions in the market, but to the companies that have exceeded certain indicators in terms of revenue or assets as well.
Lawyers will advise on the need to obtain the consent in such situations and will also help obtain this consent if necessary.
If you are aware of a real or potential violation of intellectual property rights and it involves commodity movement between countries (for example, the goods are imported using your trademarks or know-hows without your consent), then we can protect your business by registering such objects in the customs register of intellectual property rights.
Lawyers can be official representatives of the right holder before the customs authorities, participate in identification and forfeiture of counterfeit goods (goods manufactured in violation of your intellectual property rights).
Each company deals with processing of personal data, i.e., the data of its employees, customers and potential counterparties, casual contacts in forums and business meetings. Every year, the legislator for a stricter procedure for collecting, storing and processing of personal data. This issue is particularly relevant for the companies that exchange such data with their parent or subsidiary structures (for example, have centralized storage of data on all employees of a group of companies), or conduct business using the Internet (for example, using servers located outside Belarus), make mailings in the contacts database formed by them.
A separate group of issues is related to introduction of the GDPR starting from May 2018, which establishes special requirements and responsibilities when processing personal data of the EU citizens. Many Belarusian organizations that are subcontractors in the processing such data or directly perform business in the EU have already faced the need to develop a set of protective measures to avoid multi-million penalties.
Lawyers will perform the audit of the personal data to which your company has access, and will develop a set of measures of the organizational, legal and technical nature to ensure security of personal data and your business.
Competition is not always fair. Your success makes yout competitors sleepless and they may improperly use your trademarks, technologies, appearance of goods, production secrets and other intellectual property to gain a market advantage. We are ready to ensure comprehensive protection of your business against such attacks.
Firstly, each separate intellectual property object can be protected in accordance with the judicial, administrative and criminal litigation procedure. For example, unlawful use of a trademark makes the right holder entitled to demand a compensation from the violator in the amount of up to 50.000 basic values (about EUR 118,000) without having to prove the damage amount. You can prohibit the offender to perform specific actions in court, for example, advertising and offering a particular product for sale, to remove a counterfeit product (goods made with violations of your intellectual property rights) from sale.
Secondly, all actions of the violator in the aggregate may constitute unfair competition. Judicial bodies and the MART (Ministry of Antitrust Regulation and Trade) deal with unfair competition cases. We support our clients at all stages of such cases, up to forced execution of court statements.
Every activity like production or import of branded goods, trade through retail stores, advertising can require conclusion of a license agreement with the copyright holder for the use of trademark rights and other intellectual property rights. Unlawful use of a trademark makes the right holder entitled to demand a compensation from the violator in the amount of up to 50.000 basic values (about EUR 118.000) without having to prove the damage amount.
As a rule, a license agreement involves long-term cooperation and the copyright holder’s supervision. Lawyers will help draw up a license agreement taking into consideration the business specifics, providing for measures of control and liability, conditions for early termination of the contract and reimbursement of damages.
If you acquire a franchise (an integrated business license), availability of special requirements for its content and registration in Belarus should be taken into consideration. We will verify the supporting documents in respect of all objects included into the license package, draw up a franchising agreement taking into consideration the requests of the parties, and support the registration procedures.
If a trademark, invention, utility model has been developed by you, then registration or obtaining a patent is required to protect the result of your work, as a rule. Such registration can be national or international. It can be obtained for various commodity headings.
Lawyers will help determine the very possibility of registering and protecting your intellectual property rights, will select the territory and the procedures required for it. We will perform the check for availability of similar objects that prevent protection of your intellectual property rights jointly with patent attorneys . As a result, you will receive a registration certificate or other right-setting document to protect your intellectual property rights in the corresponding jurisdiction.
If it is necessary to re-register the intellectual property rights to third parties, we will prepare an assignment agreement or another suitable contract and support passing the required registration procedures.