Cybersquatting in Ukraine

Cybersquatting means registering a domain name without a registered trademark in order to sell the domain to an interested person. Faced with such a situation, it is necessary to clearly know:  that the use of a designation identical to a registered trademark in the domain name means the use of such trademark. Therefore, if the…

How to choose a trademark in Ukraine: legal aspects

A preliminary search for registered trademarks can be carried out (even independently) by using the Ukrpatent database (http://base.uipv.org/searchBul/). For a full analysis of the possibility to register your mark, it is recommended to order an examination by Ukrpatent, the result of which will be in the form of an official document confirming the registered trademarks,…

The use of “force majeure” (Act of God) in the reality of Ukraine in 2014

The legal justification for changes in the terms of performance of agreements or termination of contracts (including foreign economic contracts) may be “force majeure”, which, among other things, includes military activities in the Donetsk and Luhansk Oblasts. However, in order to delay the performance of a contractual obligation or to terminate a contract (referring to…

Full financial responsibility of employees in Ukraine

According to the Ukrainian labor legislation, the full financial responsibility of an employee is rather an exception to the rules. As a general rule, the responsibility of an employee for the damage caused to an employer (enterprise) is limited to the amount of such employee’s monthly salary. The full financial responsibility is applicable only to…

Regulatory rules for working on a computer in Ukraine

It will be helpful for all office workers to know that Ukraine has the State Sanitary Regulations and Standards for working on visual display terminals of electronic computing machines, approved by the decree of the Chief State Sanitary Doctor of Ukraine dated December 10, 1998. In accordance with this regulation, additional breaks for rest shall…

Obtaining in Ukraine a license for employment services abroad

Such company shall have a license for providing the services for employment abroad within Ukraine. The following is required for obtaining the license (for employment):  have an office in Ukraine (specify the data on ownership, lease / sublease, etc.).  determine the countries, where the employment will be performed.  conclude a contract with a foreign employer…

Purchase and sale of corporate rights (share) in Ukraine

Pursuant to the general rule, purchase and sale of corporate rights (share) shall be performed by concluding any agreement of purchase and sale of corporate rights (share in the authorized capital, shares) (hereinafter referred to as the Agreement) between the owner of such rights and the third party (buyer).  For certain types of enterprises (for…

Trade secret (confidential) agreement (NDA) with employee in Ukraine

The labor legislation of Ukraine does not provide for such term as “trade secret agreement” (NDA), therefore, the general provisions of Ukrainian law shall be used. Many Ukrainian companies have adopted the experience of foreign and international companies and conclude agreements with employees on non-disclosure of trade secrets (similar to non-disclosure agreement). This makes possible…