CEE Legal Matters

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  • Kinstellar Advises City of Prague on Anti-Corruption Strategy

    Kinstellar reports that that the analysis of the capital’s anti-corruption strategy and a proposal for further steps the Municipality of Prague has recently announced taking on board were both prepared by the firm’s Prague Compliance, Risk and Sensitive Investigations team.

    Following up on Kinstellar’s analysis, the capital is ready to update and amend its anti-corruption strategy and to develop a long-term strategic program conducive to compliance with anti-corruption measures.

    “Our report considered Prague’s current anti-corruption strategy from the perspective of applicable local and international anti-corruption legislation, the legal environment in the Czech Republic, and best practice recommendations for local government from leading international institutions, including The World Bank and the OECD,” explained Partner Jitka Logesova, head of Kinstellar’s Compliance, Risk & Sensitive Investigations practice.

     

  • Lawin Represents Ladee Pharma Against Bayer in “Groundbreaking” Estonian Patent Disputes

    Lawin is representing Ladee Pharma in three extensive patent disputes against Bayer — the first of which was recently resolved by the circuit court in favor of Ladee Pharma. According to Lawin, “ such judicial proceedings between pharmaceutical companies are rare in the Estonian legal landscape and significantly affect the end-consumers of the medicinal products.”

    Lawin reports that Ladee Pharma Baltics, a pharmaceutical company focused on the commercialization of generic medicinal products, and Bayer Pharma, a manufacturer of original medicinal products, have been litigating over the revocation of patents registered in Bayer’s name since 2011. If the patents are revoked, the Estonian pharmaceuticals market would be opened up for Ladee Pharma Baltics and other producers of generic pharmaceuticals with regard to the medicinal products currently protected by Bayer’s patents. 

    On July 15, 2014, the Tallinn Circuit Court upheld the previous county court judgment and satisfied the action of Ladee Pharma Baltics in the full extent by revoking one of the patents registered in Bayer’s name. Separate proceedings regarding a second challenged patent are ongoing.

    Lawin attorney-at-law Kadri Michelson and an unnamed patent agent are representing Ladee Pharma Baltics in the proceedings.

     

  • SPCG Wins for Termo Organika in Dispute Over Production of “Dotted” Polystyrene Foam

    Studnicki Pleszka Cwiakalski Gorski has successfully represented Termo Organika, a Krakow-based manufacturer of polystyrene foams and insulation systems, in a trademark dispute with Austrotherm, a Polish competitor.

    Termo Organika claimed that Austrotherm’s practice of labeling its polystyrene plasters with gray or black dots infringed upon Termo Organika’s trademarks. According to SPCG, “Termo Organika labels in such way most of the polystyrene foam that it produces that are recognized in the market as ‘dotted foam’ or ‘Dalmatian.’”

    In a judgment of January 30, 2014 the Regional Court in Krakow, IX Commercial Division, found that Austrotherm’s packaging violated Termo Organika’s trademark, ordered Austrotherm to cease what SPCG calls its “incriminating activities”, and to make “appropriate statements in the press.” Austrotherm’s appeal was dismissed by the Court of Appeals on August 12, 2014.

    Termo Organika was represented by SPCG Partners Jakub Gorski and Marcin Koper.

     

  • BDK Advokati Advises Resource Partners on Acquisition of Serbian Fitness Chain

    BDK Advokati has advised Resource Partners on its acquisition of World Class, the Serbian arm of the European gym and fitness chain, with two clubs in Novi Sad.

    Resource Partners is a private equity investor focusing exclusively on targets in Central and Eastern Europe.  

    The BDK team was led by Senior Partner Vladimir Dasic, supported by Associate Marija Doci.

     

  • Goltsblat BLP Represents IFPI on IP Claim Against Russian Social Network VKontakte

    The IP practice of Goltsblat BLP is representing the International Federation of the Phonographic Industry (IFPI) on behalf of the world’s three major record companies — Sony Music Russia, Universal Music Russia and Warner Music UK – on claims for the protection of related rights in phonograms against the social network “VKontakte.” 

    In April 2014, Sony Music Russia, Universal Music Russia, and Warner Music UK filed separate lawsuits against “VKontakte” in the Arbitration Court of St. Petersburg and Leningrad region, requesting that VKontakte stop copyright infringement of nine artists and build in digital print technology resources that keeps track of copies of pirated content and prevents them from re-download. The claimants allege damages in the amount of 51.6 million rubles. In June the suits were consolidated into a single proceeding. On August 11, 2014, the Arbitration Court of St. Petersburg and Leningrad region set its consideration of the claim for September 8, 2014 

    According to Goltsblat BLP Partner Elena Trusova, “in the Russian practice this is virtually the first lawsuit in this category of cases, when the plaintiffs are the largest representatives of the global music industry.”

  • Weinhold Legal and Norton Rose Advise Tauron on Creation of Joint Venture with ArcelorMittal

    Weinhold Legal and Norton Rose Fulbright have advised Tauron, a major Central European energy company, on the creation of a joint-venture with ArcelorMittal.

    Both companies will hold 50% stakes in Tameh Holding, the newly created joint-venture vehicle, which will operate heat and power stations in Poland (TAMEH Polska) and the Czech Republic (TAMEH Czech). Tauron is Poland’s second largest utility company, and ArcelorMittal is the world’s largest steelmaker. ArcelorMittal is already a Tauron customer in Poland, a Tauron press release stated, and the deal will help secure that relationship, while also cutting costs for the steelmaker.       

    Tameh will control two of Tauron’s power stations, ZW Nowa and Elektrownia Blachownia, and two of ArcelorMittal’s heat and power cogeneration stations – one in the Polish city of Krakow and one in the Czech city of Ostrava. 

    The agreement between the companies closed on August 11, 2014 for a period of 15 years with the ability to extend it in the future.

    Norton Rose Fulbright’s Warsaw team was led by Energy Partner Rafal Hajduk, assisted by Adam Kozlowski, Artur Jonczyk, Grzegorz Filipowicz, Konrad Kosicki, Michal Blaszkiewicz, Natalia Jankowska, and Jan Grochowicz.

    Weinhold Legal’s role included “due diligence and assistance related to the contractual documentation governed by Czech law.” The firm’s team was led by Partner Daniel Weinhold, in cooperation with Managing Attorney-at-law Lukas Zahradka, among others. Weinhold commented that: “We are very pleased to have assisted in another significant transaction in the energy sector. The scope of our engagement and the ambitious time schedule required considerable effort by our experienced team.” 

     

  • Kinstellar Represtents Hyundai Mobis and Nexen Tire in Investment Agreements with Czech Republic

    Kinstellar has advised South Korea’s Hyundai Mobis on the negotiation and conclusion of an investment agreement with the Government of the Czech Republic in support of a new automotive headlight plant in the Mosnov industrial zone in the Novy Jicin district.

    The company expects to create more than 900 direct jobs and to stimulate the creation of additional jobs at Mobis’ local subcontractors. Hyundai Mobis’ investment in the construction of the Mosnov plant will total CZK 4 billion (more than EUR 145 million).

    The investment agreement with Hyundai Mobis was concluded several weeks after the announcement of Nexen Tire Corporation’s investment of more than CZK 22 billion (more than EUR 800 million), which the Government of the Czech Republic approved last month. Kinstellar, which represented Nexen during negotiations with the Czech government, describes that deal as being “the third largest FDI project in the Czech Republic.”

     

  • Lawin Advises IAC on Acquisition of ASK.FM Social Networking Site

    Lawin’s Riga office has advised the international digital media company IAC on the acquisition of the popular social networking website Ask.fm.  

    According to Lawin, Ask.fm, which was established in 2010 and is based in Riga, is the “ninth most popular networking site in the world”, and is mainly used as an online tool for exchange of questions and answers and questions among users.

    The U.S. media group IAC owns such Internet brands as “Vimeo”, “Dictionary.com”, “Investopedia”, “Match”, “OkCupid”, and “Tinder”.

    Lawin’s assistance included performing due diligence, advising on the share acquisition, participating in negotiations with the sellers, and preparing closing documents. The firm continues advising IAC on changes in the management of the company and ensuring further business operations. 

    The Lawin team was led by Partner Filips Klavins and Senior Associate Sarmis Spilbergs.

    Editorial Note: After this article was published, the Latvia office of the Fort Law Firm announced that it advised ASK.fm on this deal.

     

  • DZP Advises Korona Pomorska on Acquisition of Innovative Charcoal Plant

    Domanski Zakrzewski Palinka has advised Korona Pomorska on the acquisition of Ozen Plus from Skystone Capital (formerly BBI Zeneris).

    Ozen Plus runs — in Walcz — an “innovative” charcoal plant, which it calls “undoubtedly the most modern factory of this type in Europe.”  

    The transaction was accompanied by a restructuring of the debts of both Ozen and Skystone, which DZP claims “greatly increased the degree of complexity and the length of the process.” The acquisition price was PLN 28 million.

    The DZP team consisted of Partners Bartosz Marcinkowski, Magdalena Skowronska, and Joanna Wierzejska, Counsels Zofia Bielecka and Maciej Goszczyk, and Associates Agata Kudelska and Tomasz Kalicki. The project was supervised by Managing Partner Krzysztof Zakrzewski.

     

  • Magnusson Ends Minsk and Riga Offices Relationships

    Magnusson International has announced that it is “discontinuing cooperation with the current Riga and Minsk teams” effective as of August 16, 2014. The northern European firm maintains its offices in Sweden, Germany, Ukraine, Russia, Denmark, Lithuania, Estonia, Norway, and Poland.

    In an exclusive conversation with CEE Legal Matters, Senior Partner Per Magnusson explained that the Riga and Minsk offices “did not live up to the standards that we set forth,” and although the firm had made attempts to improve upon the performance of the lawyers in those offices, the firm’s partners felt they had no choice but to end the relationship.  Asked about what would happen with the firm’s clients, Magnusson was sanguine. “Clients tend to go where they go,” he said. “This will play out naturally.” 

    The firm’s primary goal, Magnusson explained, is to make sure that there is no disruption to the affairs of the firm’s international and institutional clients. To that end, Magnusson stated, “in the short term we have people in place that can work under our supervision.” The firm is also already “very active” in finding long term solutions in Belarus and Latvia, and Magnusson reports being involved already in ongoing discussions with potential replacements. He hopes to have the process completed before the end of the year. Still, he cautions, “given this experience, we want to be very diligent about finding the right team.”