πŸ”” GRATA International Expertise | February 2025

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Dear colleagues and subscribers!

We are pleased to present to you the next edition of GRATA International Expertise, where we share significant projects and achievements of our teams. This edition highlights key cases and insights from our Dispute Resolution and Intellectual Property practices.


NOTABLE CASES

In this edition, we highlight some of our key cases and achievements in Dispute Resolution and Intellectual Property. Below are notable cases showcasing our expertise in handling complex legal matters.

DISPUTE RESOLUTION

Representation of the client (plaintiff) in a dispute with the Administration of one of the municipal districts regarding the extension of the contractual deadlines

The client, a company involved in the construction of wastewater treatment facilities, faced the inability to complete the work on time due to changes in the project documentation. It was necessary to prove that these changes affected the contract deadlines.

Court practice indicates that an extension of the work deadlines cannot be compensated by the time spent on document examination. However, in this case, the changes were made without a state examination. The main challenge was applying court practice to a situation where no examination took place.

Despite the court’s objections that the client could have reviewed the project before procurement, we proved that the changes were caused by objective circumstances and applied the analogy of extending deadlines in cases with state examination. The court granted the claim and extended the deadlines for completing the work by almost a year.

Advising the largest Belarusian exporter of petroleum products on the prospects of filing a claim in a Russian arbitration

GRATA International Belarus consulted the Client on the prospects of filing aΒ claim in a Russian arbitration court against a Russian company to recover outstanding debt under a petroleum supply contract, as well as drafting the statement of claim. The dispute was settled out of court.

Providing comprehensive legal support to a Belarusian organization in the process of recognizing and enforcing an arbitral award issued by the International Arbitration Court

The award wasΒ issued by the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (BelCCI) in Austria. Legal services inclued included representing the client during the appeal stage,Β where the debtor challenged the Austrian court’s decision on the recognition and enforcement of the BelCCI arbitral award. The case regarding the recognition and enforcement of the arbitral award in Austria was successfully resolved in favor of the Client.

Dispute_Resolution_2024_kopiya

Our Dispute Resolution practice offers a full range of legal services to support clients in resolving conflicts effectively. Key services include:Β 

  • Commercial and corporate disputes;
  • Debt collection and asset recovery;
  • Pre-litigation dispute resolution;
  • Representation in courts of general jurisdiction, arbitration, and arbitration tribunals;
  • Disputes with antimonopoly authorities and tax authorities;
  • Bankruptcy, restructuring, and management of distressed assets;
  • Recognition and enforcement of foreign court decisions;
  • Disputes with government authorities;
  • Mediation;
  • Defense in criminal cases.

INTELLECRUAL PROPERTY

GRATA International Belarus provided pre-litigation legal support regarding the trademark registration issue

An international company manufacturing electrical equipment failed to register its trademark in Belarus. As a result, its distributor registered the trademark in his name and prohibited the company from selling its products in the country.

The company’s lawyers engaged in pre-litigation negotiations with the individual who wrongfully registered the trademark and with the retail networks. Since the dispute was not resolved, an objection was filed with the Appeal Board of the Belarusian Patent Office.

The challenge was to protect the client’s rights to a trademark that was not registered in Belarus. However, thanks to an effective strategy, the distributor agreed to transfer the trademark rights. A rights assignment agreement was prepared, and the trademark was registered in the client’s name.

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Our Intellectual Property team provides comprehensive legal support to protect and enforce IP rights. Key services include:Β 

  • Registration and protection of trademarks, including international registration;
  • Trademark searches and patent research;
  • Patenting inventions, utility models, and industrial designs;
  • Licensing agreements, franchising, and assignments of rights;
  • Copyrights, related rights, and protection of trade names;
  • Trade secrets, know-how, and protection of rights in e-commerce;
  • Domain names, websites, and IP legal audits;
  • Pre-emptive measures, protection against counterfeiting and parallel imports;
  • Inclusion of IP objects in the customs register;
  • Protection against unfair competition and false advertising;
  • IP litigation.

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