Medicine & Healthcare/ Pharmaceuticals

Arzinger, a full service Ukrainian heavyweight, demonstrated proactive development of its practice in terms of offering and capacities, and keeps the position of the point of attraction for global names in this industry. The 16-strong team supports more than 50 local and international clients. The firm is known for its deep industrial following, approach and involvement of lawyers from other practices. Arzinger has a distinctive focus on clinical trials, anti-corruption compliance, and rapidly developing pharmaceutical antitrust. The team acted in a large-scale antimonopoly investigation on the pharmaceutical market in Ukraine. Lawyers gave weighty support to clients in unfair competition investigations and public procurement, data protection, licensing and distribution, regulatory and taxation, IP. The multidisciplinary team is co-headed by extremely active and top-recognized partners Timur Bondaryev and Lana Sinichkina. Leonid Chernyavskyy, who joined from Marchenko Danevych, enhanced the practice.

 

The niche position of the Legal Alliance Company is endorsed by the expansion of its client portfolio, scope of service and steady market feedback. The 19-lawyer practice team reported that the number of clients exceeded 100 companies in 2014. In the past year the company strengthened the practice with tax and criminal law. Projects in the field of pharmaceutical regulatory, contracts, corporate law, regulation of advertising and promotion, labor, tax, litigation, clinical trials, competition and IP remain the core activity of the company. Another important highlight is the firm’s involvement in projects from CIS jurisdictions and Crimea. Drafting legislative acts and GR was an important part of team’s activity lately. The company arranged support for the launch of the activity of three foreign pharmaceutical companies on the Ukrainian market and advised on the sale of corporate rights of a Russian chemical and pharmaceutical company. Among the significant names seeking the firm’s advice are Berlin Chemie Menarini, Delta Medical, Bosnalijek d.d., Boehringer Ingelheim, Apotex, Bayer, Astellas, Takeda, MSD, Stada, Jadran, Novartis. Within multipractice division partners have different competences: Dmytro Aleshko (GR, medical devices, pharmaceutical regulatory), Oleksii Bezhevets (corporate, tax, compliance, advertising and promotion), Andriy Gorbatenko (competition, advertising and promotion), Illya Kostin (IP, litigation, labor, pharmaceutical regulatory), Anatoliy Menshikov (taxes and customs, litigation).

 

Baker & McKenzie enjoys an established international network that covers the largest pharmaceutical markets. The largest multinational pharmaceutical and healthcare names prefer to approach the Kiev office for guiding them throughout corporate, employment, commercial agreements, competition, tax, compliance, clinical trials matters, regulatory, etc. Selected client names are Eli Lilly, Novo Nordisk, Novartis, Smith & Nephew. The Ukrainian practice stands out due to its strong IP team, covering trademark and patent defense, anti-counterfeiting and other intellectual property issues. The office is also among the leading counsels for handling capital markets and M&A transactions for sectoral clients. Mariana Marchuk, counsel, consistently receives stellar market feedback for many years experience in pharma regulatory, compliance and employment issues. Of late she advised Eli Lilly on product distribution, registration, licensing, product certification and pricing regulation issues; Novo Nordisk onclinical trials issues. Other team members cover various practices, inter alia, Yuriy Zaluskyy is focused on tax and customs matters; Yuliya Kolchenko specializes in intellectual property; Olha Demianiuk advises on cross-border and domestic M&A, cross-border equity capital markets. Partner Oksana Simonova heads the competition and pharmaceutical practice groups of the Kiev office.

 

Borys Danevych, partner of Marchenko Danevych, isa highly-recognized practitioner, who is especially regarded for his in-depth knowledge of the industry. Throughout the past year his team was involved in numerous projects, in particular, advised a Fortune Global 500 pharmaceutical company on acquisition of dossiers and marketing authorizations for generic medicine; defended the Zdravo company in a number of criminal and civil cases which arose in connection with the attacks by a competitor.

 

The team of Law Offices of OMP, as led by co-heads Mykola Orlov and Igor Ogorodniychuk, is known for full-service advice with significant experience advising prominent multinational companies. The firm’s broad-based practice in the past year included corporate, M&A, competition, employment matters. Recent highlights include complex legal advising on restructuring of a pharmaceutical company Egis Ukraine; legal advice for Sansky Trading Limited Company on acquisition of part of the corporate rights of the leading Ukrainian chain of medical clinics Dobrobut; complex support of the bankruptcy of PJSC Alba Ukraine. Among the clients of the firm are Ingelheim, GSK, Valeant, Sandoz, Ipsen, Recordati, Ima Medical, Biocon, AstraZeneca Ukraine, Biocad, Abbott, Grindeks, Indar, Omega Pharm, Herbs Trading, Hospico, Eupharmacia, Eximed, Aicore, Glenmar, Ranbaxy, Actavis, Ferring, Intervet, Vecops, Almeda, Sentiss Pharma, USP Ukraine, Woerwag Pharma. Mykola Orlov is an established figure endorsed for his vast experience.

 

The tax and legal team of KPMG Ukraine provides major pharmaceutical companies with comprehensive support. The team often advises clients on allied legal, regulatory, customs and labor issues. Recent work highlights were providing tax and transfer pricing advice on the options available to increase the profitability of the related Ukrainian distributor to a large Russian pharmaceutical producer. Sergey Popov, partner, leads the team. Yuliya Nogovitsyna, senior manager, was mentioned by peers during the poll.

 

Asters has many years of experience in regulatory and transactional support of clients from pharmaceuticals, healthcare and life sciences. In 2014 the cross-practice team was busy with competition assignments, trade and distribution, financing, contractual and employment matters, etc. For instance, the antitrust team recently obtained merger clearance for the acquisition by AstraZeneca PLC of control over certain Ukrainian assets of the Bristol-Myers Squibb Company. The instructions are led by partners Armen Khachaturyan, Igor Svechkar and Svitlana Chepurna across their practices breakdown.

 

Serving numerous sectors of business in Ukraine, DLA Piper regards the pharmaceutical sector as a priority as many of the Kiev office’s clients are pharmaceutical companies, including manufacturers and distributors, including international and local ones. Svitlana Musienko, partner, heads the pharmaceutical and life sciences practice in Ukraine. The team provides extensive tax and regulatory advice to the companies of the sector. One of the recent highlights is representation of a Ukrainian subsidiary of a global pharmaceutical company, in a major dispute with the Ukrainian tax authorities regarding VAT. Dmytro Donets, senior associate, is another important practitioner.

 

AEQUO (established by five partners of Vasil Kisil & Partners in August 2014) has a cross-practice team and has been seen in benchmark deals. Oleksandr Mamunya, partner, co-head of life science and healthcare practice, is well-known for IP projects and wide scope expertise in this field. Corporate and M&A partner Anna Babych became increasingly active in the sector. Her team recently advised Ukrainian UBG Group as to the sale of a majority stake in Dobrobut, a leading chain of private medical clinics. Competition, customs, tax, regulatory matters, as well as dispute resolution also fall within Aequo’s remit. The firm’s significant clients includeMaquet, Natural Pharmaceuticals Group, Dr. Reddy’s Laboratories, Synthon, Catabasis Pharmaceuticals Inc.

 

The scope of the industry team at Sayenko Kharenko makes up the most challenging sector-specific issues ranging from establishing a commercial presence in Ukraine to research and development, import, distribution, IP enforcement, advertising and promotion, drug safety, quality control, and other matters relating to commercial activity in Ukraine. The key highlights of last year include advising Pamplona Capital Management on the acquisition of a majority stake in Alvogen, one of the fastest growing generics companies; advising Capiton AG on the acquisition of the Ukrainian subsidiary of Finnish chemical group Dynea, as well as on some acquisitions in the sector taking place outside of Ukraine but affecting the Ukrainian market. The team defended a Ukrainian distributor of imported medical products in the largest dispute to date against the State Inspection for Price Control of Ukraine with the amount of the potential fine exceeding USD 35 million. The firm has a successful track record in defending companies operating in this sector of Ukraine in the course of investigations relating to allegations of concerted practices and unfair competition. Partner Oleksandr Padalka is the core contact in the area.

 

The team of AstapovLawyers consists of 10 lawyers with a broad background supporting producers of pharmaceuticals, cosmetics, distributors of medicines, clinics. The team was seen in IP and corporate projects, M&A, administrative disputes. Significant clients include Baxter, Herbapol, Bioton, LLC Galitskiy fond and others. The main practitioners in the team are corporate and M&A partner Oleh Malskyy, and senior associates Victoria Buzhor and Bohdan Dmukhovskyy. Ilarion Tomarov recently joined as a head of the IP practice.

 

Egorov Puginsky Afanasiev & Partners (EPAP Ukraine) combines diverse expertise, in particular advising on IP disputes involving generic and original medicines, customs litigations related to proper classifications of various medicines for customs tariff purposes; various promotional and marketing activities such as launch of new products in Ukraine; public procurement of medicines; as well as regulatory and compliance matters, competition, corporate, IP, tax and employment law issues. The IP team as guided by counsel Taras Kyslyy, advised ADAMED on various trademark and patent matters as well as on data protection issues. The international arbitration team, headed by partner Markiyan Kliuchkovskyi, represented an international research-based pharmaceutical company in commercial arbitration before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine. The pharmaceutical and healthcare practice of the firm is led by Viktoriya Podvorchanska, while the projects are supervised by acknowledged managing partner Serhii Sviriba.

 

The Kiev office of Dentons regularly advises high profile clients on corporate, commercial, M&A, regulatory, tax, customs, IP, employment, real estate issues, importation and sale, clinical trials. Anti-corruption procedures and compliance has been a significant part of the firm’s workload. Volodymyr Monastyrskyy and Markian Silecky, partners, are responsible for dedicated advice.

 

Gvozdiy & Oberkovych advises pharma companies on IP, finance matters and dispute resolution. The recent work highlights include acting for Mirra Pharmacy on attraction of credit funds from JSC PrivatBank, and also regarding finance compensation from PJSC Farmak for the invention of a medicine called Flutofarm. The dispute team acted for the Mirra Pharmacy retail chain and Mercator Medical LLC in a number of debt recovery disputes arising from supply agreements with counterparties; represented the State Expert Center of the Ministry of Health of Ukraine in a dispute with Family Cord Blood Bank Hemafund for the confession of illegal refusal to issue a license for the Cord Blood Bank. Another client Phytopharm, a Ukrainian pharmaceutical company, instructed the firm on trademark registration and packaging regulations. Significant clients include Perlyna LLC, Metropharm LLC, PE Intermedservice. The team of senior lawyers, namely Iryna Kalnytska and Maksym Lebedev, is headed by Valentyn Gvozdiy, managing partner.

 

In 2014 clients authorized ILF (Inyurpolis Law Firm) to support development of PPP projects, investments and protection of rights. With PPP projects municipal clinics and pharmacies, medico-preventive institutions were provided with innovations and technologies, the quality of services rendered was improved and the structures of those entities were optimized. Partners Olena Khytrova and Serhiy Silchenko led the group of lawyers, who often participate in elaborating legislative initiatives aimed at healthcare reform. The firm plays an important role in the Kharkov Region and was one of the founders of the Ukrainian-German Medical Association.

 

In 2014 the Ukrainian firm FCLEX rapidly developed its practice. The team led by Viktor Barsuk and Oleg Malinevskyi advised on corporate law, tax disputes, commercial contracts, IP and foreign trade. For example, the litigation team acted for Kievmedpreparat and Galychpharm in several debt collection cases and tax disputes, and supported the intra-corporate transactions of the Arterium Corporation. Some other clients involve Ukrainian Pharmaceutical Centre and NPO Farmatron.

 

Integrites handles an array of IP, corporate, competition and employment matters involving pharmaceuticals, cosmetics, among other areas. The team, headed by counsel Olga Vinglovska, recently advised the Elfa Group of companies, one of the leading and the largest domestic manufacturers of cosmetics and household products, on corporate issues. IP team as led by partner Oleksandr Aleksyeyenko, advised KUK Ukraine, aUkrainian subsidiary of the Austrian provider of solutions for food and pharmaceuticals industries, on elaboration of various license agreements and other IP rights objects in Ukraine.

 

CMS Cameron McKenna advises clients in the pharmaceuticals, healthcare and biotechnology sectors. The recent workload covers competition, corporate, clinical trials, compliance and common legal advice. Graham Conlon, Olexander Martinenko and Olga Belyakova are key contacts for corporate and commercial matters.

 

Avellum Partners obtained instructions from local and international pharma players for corporate restructuring and international finance, employment issues, tax and real estate issues. Mykola Stetsenko, managing partner, is the main figure.

 

Doubinsky & Osharova, a well-known Ukrainian patent and law agency, has strong expertise with a steady following of respectable pharma clients. Recent work highlights include a case regarding termination of violation of rights of a large pharmaceutical company; defense of the rights of a large pharmaceutical company in respect of registration of a medical product. Partners Anton Koval and Victoria Sopilnyak provided the principal input.

 

The well-established Ukrainian IP major Pakharenko & Partners gave much attention to pharmaceutical clientele. A regular client, West Pharmaceutical Services Inc., USA, acting in successful court proceedings on invalidation of patents for industrial designs registered in the name of legal entities and individuals. Alexander Pakharenko is the main contact.

 

In 2014 the Ukrainian patent law company IPStyle advised PRO-PHARMA, Ukrainian pharmaceutical company, on complex IP issues in connection with protecting new pharmaceutical products; developing patent strategy, including freedom-to-operate searches. Partner Mariya Ortynska is the team leader.

 

Jurimex Law Firm is engaged greatly in assisting private clients. For instance, recent queries were devoted to legal regulation of the receipt of stem cells, creating  a bank of umbilical blood, regulating the activity and certification of pharmacies, licensing medical practice. The firm advised Genom Bioteh PVT Ltd, an Indian drug manufacturer, on compliance with the requirements to appropriate manufacture. Partner Marina Slobodnichenko and associate Natalya Sidorenko are key individuals.

 

The Kharkov-based Shkrebets & Partners acts for healthcare clients. The firm recently acted as legal advisor to Dr. Alex, large multidisciplinary private clinic, on compliance with competition law and represented the interests of State Institution Grigoriev Institute for Medical Radiology of the National Academy of Medical Science of Ukraine in the litigation with an equipment supplier. Andriy Syvak, partner, supported the projects.

 

The Kiev office of Gide Loyrette Nouel was attracted by leading global players forcommercial litigation, tax disputes, anti-counterfeiting. The antitrust team of Clifford Chance, as led by Ulyana Khromyak, advises clients on a range of competition and compliance issues. EY provides various legal and tax advice and assistance for pharmaceutical companies, due diligence and structuring work. PricewaterhouseCoopers Legal, as led by Andrey Pronchenko, assisted sectoral clients with tax and antimonopoly requests. The Kharkov-based Kibenko, Onika & Partners advised the last stage of the procedure of surrogacy motherhood for non-residents of Ukraine. The strong litigation firm LCF Law Group acted for Yuria-Farm LLC in an administrative dispute on registration of medicine. Ilyashev & Partners is known on the market for representing  pharmaceutical players in trademark disputes.

 

Oksana Guz, independent attorney, operates as the principal lawyer of the National Institute of Surgery and Transplantology named after A. A. Shalimov, and is experienced in resolution of disputes between medical institutions and patients. Elena Bedenko-Zvaridchuk of MedAdvokat provides legal support for the medical business. Medical law is the core specialization of Olena Babich Law Office.