Legislative news - 23.04 - 28.04. 2007
Legislative news - 23.04 - 28.04. 2007The State Department for Intellectual Property in its letter dated January 22, 2007 #16-14/231 “On websites as objects of Copyright ” set out its opinion in writing on websites as objects of copyright.
Despite the fact that neither in the Civil code of Ukraine nor in the Law of Ukraine [dated December 23, 1993 #3792-XII] “On Copyright and Related Rights” is it mentioned about objects such as “Web-site”, “Web-page”, “Web-portal”, it cannot be interpreted to be an obstacle to legal safeguards for above mentioned objects in regards to copyright as long as they originate from the results of man’s creative process.
The State Committee of Ukraine for Regulatory Policy and Entrepreneurship in its letter dated February 20, 2007 #1268 “On reorganization of a closed joint-stock company (ÑJSÑ) into an open joint-stock company (OJSC)” clarified the salient points related to process for the reorganization of the closed joint-stock company into open joint-stock company.
Thus, for example under Ukrainian legislation (Law of Ukraine [dated May 15, 2003 #755-IV] “On state registration of legal entities and individuals–entrepreneurs”) in case of the state registration of an open joint-stock company it presently requires all necessary documents of the joint-stock company (JSC) for the state registering clerk along with a Report on the subscription of shares, which must be attested by the State Commission for Securities and Stock Market of Ukraine.
The purpose of the new letter #1268 is to outline a simplified procedure for reorganization of the CJSC into OJSC so that instead of the abovementioned Report, a Report on the results of the share exchange of the reorganized JSC based on the written commitment to issue the same number of shares of the new JSC must be provided to the state registering clerk.
The report on the results of the share exchange should be drawn up in accordance with clause 8.4 of the Regulation on registration guideline for issued shares regarding reorganization of companies approved by the decision of the State Commission for Securities and Stock Market of Ukraine dated December 30, 1998 #221.
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