PRESS RELEASE
February 1, 2013

The dispute has arisen out of the publication of “The Scientific and Applied Commentary to the Commercial Procedural Code of Ukraine” by "The Centre of Educational Literature" indicating Mr Telipko as its author. Said publication turned out to be a plagiarism of Dr. Vadym Belyanevych's commentary, published by “Justinian” publishing house back in 2008.

On May 14, 2012, Shevchenkovsky District Court of Kyiv ruled in favour of the plaintiff confirming copyright infringement by the publishing house and Mr Telipko. Dr. Belyanevych's claim to financial compensation was satisfied in full and compensatory damages for moral harm to the plaintiff were partially satisfied by the court.

On October 09, 2012, the Court of Appeal overturned the decision of the Shevchenkovsky District Court of Kyiv on the part Mr Belyanevych's claims against "The Centre of Educational Literature" Ltd. and reduced the amount of compensation to be recovered from B. Telipko.

However, on January 30, 2013, the Superior Specialized Civil and Criminal Court of Ukraine upheld Dr. Belyanevych's appeal and upheld the decision of Shevchenkovsky District Court of Kyiv regarding Mr Belyanevych's claims against the publisher, "The Centre of Educational Literature" Ltd. forcing it to pay compensation for the infringement of copyright therefor cancelling this part of the decision issued by Kyiv's Court of Appeal. In addition, the court of cassation dismissed Mr Telipko's complaint and upheld the decision of the Appeal Court of Kyiv with regard to financial compensation for copyright infringement to be collected from Mr Telipko.

VKP's lawyers Yulia Chyzhova and Darya Bogatchuk represented Dr. Belyanevych's interests in this case under the leadership of firm's IP Partner Oleksandr Mamunya.

Dr. Belyanevych is a renowned litigator who has repeatedly appeared in the national and foreign-published lists of the best lawyers of Ukraine. He authored and compiled the following legal publications:
 

  • Arbitration proceedings: recognizing ineffective the acts of state and other authorities (2001);
  • Commercial Procedural Code of Ukraine with clause-by-clause materials (2002);
  • Commercial Dispute Resolution (2002);
  • Scientific-Practical Comments to the Commercial Procedural Code of Ukraine (2006).

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For more details please contact Yuliya Chervonookaya,
Head of PR/BD Department
Tel.: +380 44 581 7777
E-mail: pr@vkp.kiev.ua
About the Firm
Established in 1992, Vasil Kisil & Partners is a Ukrainian law firm that delivers integrated legal advice in banking & finance, mergers & acquisitions, capital markets, antitrust, competition and trade, dispute resolution, tax law, energy and natural resources law, intellectual property law, labor and employment law, real estate and construction law, as well as PPP, concessions and infrastructure law.

The firm`s clients include such world-known companies as Acron, Air Liquide, Alfa Bank (Ukraine), Alpcot Agro, Africa-Israel Group, Ardagh, Astellas Pharma, BASF, Bayer Consumer, BNP Paribas, British American Tobacco, Central European Media Enterprises, Coca Cola, Credit Agricole Group, Danone, Dell Inc., DuPont, EBRD, Ericsson, Energy Standard Group, Eurosport, Google, Hewlett-Packard, Inditex Group, Kraft, LG Electronics, Leroy Merlin Ukraine, MTS, Moody’s, Mott MacDonald Limited, NCH Capital, Opel, Philips, Red Bull, Samsung, Sberbank of Russia, SEB AB, Seven Hills, Shell, Shelton Petroleum, Sony Corp, St. Sophia Homes, Swedbank AB, Tchibo, Thomson Reuters, Ukrainian Media Holding, Ukrsibbank, Ukrsotsbank, UniCredit Group, Vanco International / Vanco Energy, Volkswagen, VympelCom, YouTube.