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Estonia > IP, IT and telecoms

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A leader in the telecoms sector, Glikman & Partnerid recently represented Nordic telecom and mobile phone operator Elisa in a large-scale dispute against the Competition Authority, and provides ongoing corporate advice to Ericsson. Non-telecom clients include FOX International channels and Baltic News Service. Clients praise senior associate Silja Elunurm while the practice as a whole provides ‘practical and entrepreneurial advice’.

LAWIN is ‘excellent’ and ‘the best’ say clients. The firm advises numerous domestic and international brands on their IP and regulatory needs, such as trade mark matters for Statoil and representing a global technology giant on the establishment of business in Estonia. Attorney-at-law Pirkko-Liis Harkmaa is head of the firm’s regulatory team, with attorney Viive Näslund leading IP.

Skilled corporate lawyer Peeter Kutman steers a versatile technology and IP practice at Attorneys at Law Borenius where the ‘service is excellent’. The firm advises on all areas of TMT and IP, from film and music rights to technology and energy R&D, and acted for the producers of a 2010 Cannes Film Festival award-winning film on copyright matters. Indeed, senior associate Viive Kaur is singled out for his copyright expertise.

An impressive client list is testament to the capability at Raidla Lejins & Norcous. Practice head Ants Nõmper acted for the inventors of Skype in the UK-based action over the technology’s IP rights involving eBay, and represented Apple in protection measures for the iPhone in Estonia.

Sorainen experienced growth in this area during the past two years, the result of a focused and pioneering practice. New clients include Skype Technologies, which the firm is representing on the Estonian law aspects of its licensing litigation based in the UK. Other clients of Kaupo Lepasepp and his ‘efficient’ and ‘professional’ team include a Finnish telecom, a British airline and several global IT companies.

Tark Grunte Sutkiene is also involved in the high-profile Skype case, acting for Joltid. Leading corporate lawyer Toomas Taube leads much of the work, delivered in a ‘good and professional’ manner. The firm is acting for Sun Microsystems in trade mark and trade name issues, as well as protecting the IP rights in Estonia of Sony Corporation and Hewlett Packard.

AAA Legal Services is the only IP boutique in the market and receives regular referrals from competitor law firms to assist with high-end work. Urmas Kernu, Tönu Nelsas and Almar Sehver have an extensive résumé of headline matters for global brands, with a major shift in work during 2010 from prosecution to enforcement.

Priit Lätt at Law Firm Glimstedt excels in this field, particularly in relation to IP protection. The extensive résumé includes IP and IT public procurement advice to Oracle, while the firm successfully acted for Stol-I in the protracted trade mark litigation against Estonian alcohol producer Liviko concerning the ‘Stolichnaya’ vodka trade mark.

MAQS Law Firm has a palatable client list that includes Coco-Cola, advising it on trade mark search opinions for the Estonian market, and providing ongoing IT law advice to Siemens, including IP matters. Karolina Ullman leads the IP practice, working alongside IT and telecoms head, Evelin Pärn-Lee.

A young but experienced partnership at Tamme Otsmann Ruus Vabamets is making its mark, acting alongside the Paris office of Hogan Lovells (Paris) LLP on advice to eBay in a domain name dispute, and representing the Estonian Performers Association in negotiations with AS Starman and the Estonian Broadcasters Association concerning performance fees. Senior associate Karmen Turk is the main contact.

Ants Mailend advises on IP matters at VARUL, representing the owner of the Stolichnaya Vodka trade mark in litigation before the Supreme Court. Technology clients include software developer Modera Consulting and vehicle tracking system manufacturer Navirec.

The dispute resolution and general corporate expertise at Aivar Pilv Law Office attracts several major technology companies and pharmaceuticals, such as Chemi-Pharm and Playtech Estonia. The key individuals are Aivar Pilv and Ilmar-Erik Aavakivi.

bnt Attorneys-at-law is cultivating a practice, particularly in the areas of food and life sciences, as well as general IP. Clients include two global leaders in the food and beverage sectors, while the firm recently acted for a German film production company on the largest film project ever shot in Estonia.

Law Office Eversheds Ots & Co has a growing practice under senior associate Tambet Toomela, particularly in the pharma and biotech fields. Clients include Silm3, a technology start-up, and a leading Estonian biotech.

Karl Kask at Lextal Law Firm advises on IP matters and is head of IT and telecoms work at the firm. Of note is the medicine and biotech practice group led by Kristi Sild, who advises a number of institutions in this sector in drug trial matters.

Pohla & Hallmägi counts a number of technology companies among its clients, for example, a global technology consulting and software development company, and recently advised a Finnish listed IT company on establishing a subsidiary in Estonia.

Recent instructions handled by Law Office Tehver & Partners include advising a domestic web services company focused in the GPS tracking sector on IP matters. Jannus Tehver led the advice.

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Legal Developments in Estonia

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  • Estonia allows claiming punitive damages

    Normal 0 21 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-ansi-language:EN-US; mso-fareast-language:EN-US;} Normal 0 21 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-ansi-language:EN-US; mso-fareast-language:EN-US;} On 31 st December 2010 amendments to the Law Obligations Act (hereinafter LOA) came into force in Estonia, introducing the regulation allowing claiming punitive and preventive damages. Though the new regulation allows exemplary damages to be awarded only in the event of non-proprietary damages, it nevertheless constitutes a general paradigm shift, allowing for a much broader protection of personal rights.
  • Review of reorganisation proceedings in Estonia

    Until the adoption of Reorganisation Act Estonian legislation did not provide efficient regulation for companies which were in temporary financial difficulties, but could be “rescued” via certain turn-around proceedings to overcome the economically difficult period.  
  • New Estonian Advertising Act

    New Advertising Act has entered into force from 1st of November 2008. The main reason for drafting the new Act was the current situation in the advertising market – the legal regulation of the Advertising Act passed in 1997 needed to be modernized. Requirements for advertising goods and services, which are likely to cause controversy in the society, have been specified. Additional restrictions have been provided for advertising of alcohol products and financial services, while exemptions have been added to the advertising regulation of tobacco products and gambling. The efficiency of surveillance has been improved and additional measures have been taken. Consistency with the EU law is important in order to avoid discrimination of foreign manufacturers and service providers. Drafting a new act was expedient, whereas extensive amendments were to be made to the current legal regulation of advertising.
  • Division of the company as the joint property between the spouses

    The Civil Chamber of the Estonian Supreme Court has thoroughly handled the topics of division of joint property, repeated some earlier principles and given the clear instruction in the proceeding of division of the joint property of spouses in the question of assessment of the value of the company.
  • Estonian Supreme Court on the tax avoidance rules in share transfers

    The Estonian Supreme Court handled the taxation of the earnings of the physical persons through the application of the rule of economic interpretation (Taxation Act § 84) in its decision of 6 November 2008. In this case the Supreme Court gave the instructions which circumstances are important for establishing the existence of the objective of tax evasion. This is a significant decision in the cases of transfer of securities, where the tax authority has found that the substance and form of the transaction are not in compliance and in no doubt will have its impact to assessing the tax consequences of corporate restructurings.

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