The development of intellectual property rights in Montenegro started when Montenegro became independent in 2006 and since the Intellectual Property Office of Montenegro – which deals with industrial property rights – started operations in 2008.

Intellectual property infringement through the circulation and sale of counterfeit goods is still very much both a global and a local issue. As modern day counterfeiting is now acquiring more sophisticated forms involving a plethora of new and usually unsuspected goods (for example, pharmaceuticals) and with the intent of not only existing on the black markets but infiltrating into the legal market flows as well, we are faced with the need for a more aggressive approach requiring first and foremost improved legislation and subsequently more efficient enforcement activities. 

The Turkish Law on Industrial Property (the “Law”) was published and entered into force on January 10, 2017.

One of the astringent issues faced by intellectual property rights (IPRs) holders nowadays is enforcing their rights on the Internet, whether in conflicts deriving directly from the act of selling counterfeit products over the Internet or those involving domain name disputes. This latter concern is the focus of this report.

On-site inspections conducted by the Market Inspectorate of Slovenia in the last decade have shown that approximately 9% of all software installed on company computers lack the necessary permission of the rightful copyright holders. At the same time, over 40% of inspected companies had at least one unlawful computer program installed when inspected. Results show that SMEs are especially prone to such practices.

As part of the long-planned reform of intellectual property (IP) law in Slovakia, it was finally agreed that IP disputes should be handled by a court system able to truly understand the (often rather technical or technological) nature of IP. This decision stemmed from the frustration of many IP owners with the fact that court decisions sometimes lacked sufficient quality and that the proceedings (especially in some courts) took far too long. 

Intellectual Property protection in its modern sense is considered to be quite young in Russia. Although Russia is not far behind world standards for protection and enforcement of Intellectual Property, major changes took place in Russia in 2008. Almost ten years ago the Fourth Chapter of the Russian Civil Code incorporating various Intellectual Property-related rules came into effect. Of course, this area of law is still changing, leading to new amendments, improvement proposals, and legal discussions. 

As a prominent IT-hub in CEE, Belarus gave life to quite a few players in the international IT arena, including EPAM, Wargaming.net, Viber, MAPS.ME, MSQRD, Prisma, and many, many others. More and more Western software and hardware companies are entering into long-term partnerships or other contractual relationships with Belarusian talent. In this context, the basic principles of Belarusian legal regulations that govern the protection and transfer of IP rights related to software are increasingly important. 

Civil damages awards are one of the primary – and often most important – remedies for infringements of intellectual property rights. Damages serve both as compensation to the right holder for the economic detriment that results from an infringement and as a specific and general deterrent to would-be infringers. – The European Observatory on Counterfeiting and Piracy, “Damages in Intellectual Property Rights” (2009/2010).

Kinstellar Budapest moderated a panel discussion as part of the Startup Safary Budapest 2017 startup exhibition, which included sharing insight on the start-up ecosystem and expectations for 2017 in Hungary. 

The Czech Parliament recently passed a bill amending the country’s Pharmaceutical Act to restrict the exportation of pharmaceuticals from the Czech market that has, in the past, resulted in a shortage of some medicinal products within the country. The Czech pharmaceutical market is thus facing a substantial change once the amendment becomes effective on December 1, 2017.

With ever-increasing spending on research and development and innovation, patents and patent applications are becoming an increasingly important part of business throughout the world, including Poland. Patentable inventions as well as confidential technological know-how now constitute key assets of numerous businesses operating across all sectors of the Polish market. 

Some time ago the Supreme Court of Estonia issued Decision No 3-2-1-167-14 in a cancellation action involving the substantial question of determination of an interested party. This decision expanded the rights of the trademark owners. However, even though the decision provides some insight on which interested parties may file a cancellation action based on non-use of a trademark, the term “an interested party” still remains vague in Estonia.

Jeffrey McGehee is an American lawyer living and practicing as a Partner at Squire Patton Boggs in Prague. He received his law degree from Baylor University in Texas in 1989 and moved to Central Europe in 1996. 

The Deal:  On February 16, 2017, CEE Legal Matters reported that Glatzova & Co. had advised Denemo Media s.r.o. on its acquisition of a 50% shareholding in FTV Prima, with Allen & Overy advising Modern Times Group, the seller. Denemo Media is a Czech joint venture between Alphaduct, a.s. (with 75% ownership) and GES Media Asset, a.s. (with 25% ownership). Alphaduct, a.s. is owned by Czech businessman Vladimir Komar. GES Media Asset a.s. is part of the GES Group, which already owned 50% of FTV Prima Holding.

Legislators on both the European and Czech level have been active in adopting new regulations that influence several areas of the modern economy. Financial services, with consumer finance on one side and markets in financial instruments on the other, have been at the center of these efforts. Financial regulation is not, however, the only measure heavily affecting banks, investment firms, and FinTech companies by putting new compliance requirements in place. Another huge legal instrument – the General Data Protection Regulation adopted on the EU level in 2016 – imposes new requirements on all companies dealing with personal data.

In the Czech Republic, the most important buzzword in the field of legal services and IT deliveries is “GDPR-Compliance” and it has serious ramifications for organizations, businesses, and public corporations.

Czech lawyers, not known for ebullience, are nonetheless finding it hard to keep the smiles off their faces. After a decade of disappointment and struggle, if the Managing Partners at Czech firms are to be believed, the last remnants of the global financial crisis have dissipated and business is booming. As spring rolls through Central Europe, the sunshine is both meteorological and metaphoric. Prague is basking in the warmth.