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November 09, 2017

Arzinger International Intellectual Property Conference (IIPC) 2017

Date
10 November 2017
Place
Hilton Hotel, Kyiv

Program
9:00- 09:30 Registration and coffee break
9:30 – 9:45 CONFERENCE OPENING
Timur Bondaryev – Managing Partner at Arzinger Law Firm
Kateryna Oliinyk – Counsel, Head of Intellectual Property at Arzinger Law Firm
9:45-10:30 Intellectual property reforms: will the legislative novelties meet business expectations?
Industry 4.0. carries out amazing transformations in seemingly established areas of business. So where are we going? Should the state intervene in innovation processes by providing all possible support, or should it simply not interfere? Within this section, we will have an open discussion on the following:
— establishment of the Intellectual Property High Court;
— EU-Ukraine Association Agreement: Novelties for the protection of intellectual property rights and the promotion of innovation.

Moderator:
Kateryna Oliinyk - Counsel, Head of Intellectual Property at Arzinger Law Firm

Panelists:
Bohdan Lvov - Chairman of the Supreme Commercial Court of Ukraine
Mykola Pototsky – Dr. jur., Head of the Department for Promoting the Protection of Intellectual Property Rights of the State Enterprise "Ukrainian Institute of Intellectual Property of Ukraine" (Ukrpatent)

10:30-11:00 Coffee break
11:00-13:00 IT area: from a start-up to global IT business: Investment and business development; tax aspects and structuring for IT companies
Moderator:
Tetyana Slabko – Associate of Intellectual Property practice at Arzinger Law Firm

Part І
From a start-up to global IT business
"To have a good idea and turn it into a successful and profitable project" is the dream and goal of all start-ups. How to deal with corporate law, intellectual property, taxes is not an easy question for both founders and investors. As part of the discussion, we propose to consider the main legal issues that arise in start-up projects:
— partnership between a start-up and investors: Where economic issues end and legal issues begin;
— intellectual property as a fixed asset;
— tax structuring of start-up business.

Panelists:
Viktoriia Dobrynska – Associate of Corporate Law practice at Arzinger Law Firm
Pavlo Khodakovsky – Partner, Head of Tax practice at Arzinger Law Firm

Part II
Investing in start-ups: Are the risks justified?
Panelist:
Natalia Solomakhina – General Counsel at Digital Future, Change Everything Officer at Bot&Partners

Life Sciences & Healthcare industry
Moderators:
Kateryna Oliinyk - Counsel, Head of Intellectual Property at Arzinger Law Firm
Vitaliy Hordiyenko – Board Chairman of the Association of Manufacturers of Innovative Medicines "APRAD"

Part І
Intellectual property is a mechanism that protects the interests of right holders and gives the state leverage to influence business by establishing legal regulation of a particular industry. A striking example is the pharmaceutical industry, which focuses on significant business investments, the state's interest in controlling the industry, as well as the strategically important issue of public health. As part of the discussion, we will try to identify what legal mechanisms can be used by pharmaceutical companies to successfully do business in Ukraine as well as how the state can have an impact on the business climate in this area:
— certificate of additional protection – an instrument of legal compromise;
— pharmaceutical litigation: back to the future.

Panelists:
Oksana Kashyntseva – Ph.D. Law, Associate Professor, Head of the Center for Harmonization of Human Rights and Intellectual Property Rights at the Research Institute of Intellectual Property of the National Academy of Sciences of Ukraine
Oksana Humeha – judge of the Commercial Court of Kyiv
Lyudmyla Zaporozhets – Deputy Head of the Department for Promoting the Protection of Rights at the State Enterprise "Ukrainian Institute of Intellectual Property of Ukraine" (Ukrpatent)

Part ІІ
Intellectual property is considered the most valuable intangible asset and tool for business development. The pharmaceutical industry is quite specific in the use of intellectual property rights, as it provides for separate rules for naming, restrictions on how to advertise goods, as well as fierce competition. Given these conditions, does the business live or survive? What aspects should pharmaceutical companies take into account to successfully maintain a portfolio of intellectual property rights?
— TM similarity in the field of pharmaceuticals: interaction of legal requirements for TM and regulatory provisions in the industry;
— industrial design in the field of pharmaceuticals: subtleties of legal protection;
— how to turn a pharmaceutical company's TM portfolio into a valuable asset and avoid management problems.

Panelists:
Sergii Petrenko – Head of Center for Expert Studies of the Research Institute of IP Research Institute of the National Academy of Legal Sciences of Ukraine, Dr. jur., forensic expert, patent attorney
Dmytro Taranchuk – Head of Legal at Farmak PJSC

13:00-14:00 Lunch
14:00-16:30 IT area: Internet and Media law – online content distribution and Internet piracy
New content distribution channels:
— how to build an OTT platform and respond to the challenges of its development;
— OTT and VoD in the online content distribution ecosystem: Confrontation or synergy of technologies and concepts of copyright?
— features of OTT services' functioning and responsibility of information intermediaries.

Moderator:
Kateryna Oliinyk - Counsel, Head of Intellectual Property at Arzinger Law Firm

Panelists:
Andrii Kolodiuk – Founder and Managing Partner of Aventures Capital Fund, Supervisory Board Chairman of UVCA (Ukrainian Venture and Private Capital Association). Founder of Divan.TV OTT service.
Avv. Gianluca Massimei – Partner at NCTM Law Firm
Iryna Katyushchenko – Head of Legal, Megogo
Iryna Stroiko – General Counsel, TV and Radio Company "Studio 1 + 1", Director, Molodist Distribution
Andri Bakhtalovskyi – Counsel, TV and Radio Company "Studio 1 + 1"

FMCG & Retail Industry
Part І
Intellectual property and unfair competition
Retail and FMSG sector are traditionally in the center of attention, including at our conference! Within the discussion, we will talk about:
— Look-alike in retail: Which defense strategies to choose?
— Will non-traditional TM provide competitive advantages?
— “reasonable consumer” and “average consumer” standards: EU and Ukrainian practice;
— recent trends in unfair competition cases.

Moderator:
Oleksander Dyakulych – Senior Associate of Antitrust practice at Arzinger, attorney-at-law

Panelists:
Anton Polikarpov – Head of ROSHEN Intellectual Property Department
Oleksandr Tereshchenko – Head of legal group on food law at Danon LLC
Andriy Panchak – Senior Associate, Ferrero Ukraine
Kateryna Sopova – researcher at the Research Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine, forensic expert, patent attorney
Oksana Manko – Deputy Head of the Unfair Competition Investigation Department, Antimonopoly Committee of Ukraine

Part II
Measures to protect intellectual property rights at the border
Strategies for the protection of intellectual property rights are formed in offices and are tested for strength at the border. Ukrainian and foreign businesses are increasingly resorting to registering intellectual property rights in the Customs Register. However, this is followed by a painstaking process of real counteraction to violators. Within the dedicated discussion on the protection of intellectual property rights at the border, we will speak about the following:
— The problem of unfair registrations of industrial property: how to counteract?
— Effective fight against counterfeiting – myth or reality?
— What tricks are used by violators of intellectual property rights at customs?

Moderator:
Maksym Medvid – Associate of South Ukrainian Office of Arzinger, attorney-at-law

Panelists:
Oleksii Hashytskyi - Head of Department of Intellectual Property Rights Protection and Export Control of the Department of Customs Control and Registration of the State Fiscal Service of Ukraine
Maryna Holovnitskaya – Associate of IP practice at SORAINEN (Belarus)

Part III
Intellectual property in franchising
Intellectual property is a key asset for business under the franchise model, which requires not only proper protection, but also strategically correct models of commercialization. The numerous issues to be considered include the following:
— How should the legal relationship between the franchisor and the franchisee be regulated??
— Why is it important to scale a brand?
— Issues of antitrust law in franchising: What do antitrust authorities pay attention to?

Moderator:
Maryna Akhtimirova – Associate of Antirust practice at Arzinger Law Firm

Panelists:
Oleksandr Lukianov – Managing Partner at Franchising Full Cycle
Oleksandr Alekseyenko – expert at Franchising Full Cycle

16:30-18:30 Evening reception

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