Marina Golovnitskaya

Partner
Phone number: +375 29 688 07 95
E-mail: marina.golovnitskaya@alba-llp.by

I am heading firm’s commercial and regulatory practice, including intellectual property, TMT, commercial contracts, data protection and pharma. I am practicing since 2011.

In Sorainen, apart from work in the commercial and regulatory practice, I was a regional head of the pharmaceuticals and healthcare sector group with over 40 lawyers from 4 countries.

I have experience as an attorney and represented clients in administrative and civil proceedings, including before the Ministry of Antimonopoly Regulation and the Supreme Court. Being twice recognised as a new generation IP lawyer by Legal 500, I am also a certified patent attorney.

Also, I have an international background: in addition to extensive experience of working with foreign clients and cross-border teams, I have a master’s degree in law from the University of Amsterdam and passed legal internships in The Netherlands and Czech Republic.

Professional highlights

Expert in pharma. I have worked with companies from the pharmaceuticals sector, learning the industry from inside and getting to know all sector-specific nuances such as clinical trials, regulatory data protection, activities of medical representatives, compliance related to marketing and interactions with HCPs, etc.

Defending clients in intellectual property and competition disputes. I have extensive experience in resolving disputes related to intellectual property and competition. My portfolio includes almost all intellectual property cases that Sorainen has handled in Belarus since 2016. I also have experience of managing cross-border projects such as pursuing intellectual property infringers for US-based renown fitness company across 6 countries.

Commercial contracts and regulatory experience. Over the years I have drafted, negotiated and localised contracts under Belarusian and non-Belarusian law. I am an effective negotiator and can help to close the deal. My experience covers launching international franchises in Belarus, assisting distribution chains in Belarus and abroad, drafting agreements for supply of multimillion euro-worth equipment and arranging contract manufacturing. I have advised the clients on regulatory matters, such as certification or products recalls.

TMT and data protection. I know how to build an IP fortress in an IT company – participating in due diligences of IT companies has given me the knowledge of the legal pitfalls in the industry. I was responsible for developing software agreements for product and outsourcing companies, as well as protecting trade secrets in the IT sphere. I have led projects related to data protection, including developing the necessary documentation.

International background. Holding diplomas from several EU universities (including LLM from University of Amsterdam), I also have experience of seconding in law firms in the Netherlands and in Czech Republic. This allows me to better understand non-Belarusian business and handle cross-border matters more efficiently.

Academic background

  • University of Amsterdam, Netherlands (LLM in International Trade and Investment Law)
  • Belarusian State University, Belarus (diploma in International Law, with honours)
  • Belarus National Personal Data Protection Center course on data protection
  • Belarus patent authority course on intellectual property
  • WIPO course on intellectual property
  • Study course in European Law, College of Europe, Poland
  • Study course in European Law, Comenius University in Bratislava, Slovakia
  • Certificate of a patent attorney (registration date 04.07.2023, certificate number 119, certificate validity period until 04.07.2028)

I am a member of:

  • University of Amsterdam Alumni Network

Selected experience

  • Supporting multinational corporation and technology company in matters related to intellectual property, including managing trademark portfolio, as well as monitoring the market and new trademark registrations with the aim to identify potential trademark infringements.
  • Advising world renowned American company providing leading fitness platform which worldwide faces non-certified gyms offering unauthorised trainings developed by this company. I assisted with IP (mainly trademark and business name) protection strategy against multiple infringers and respective enforcement matters.
  • Advising company established by Finnish writer and illustrator and currently responsible for copyright and trademark protection in relation to famous characters. I helped the client to develop a strategy to tackle several IP infringements and its subsequent implementation.
  • Assisting world renowned Japanese intellectual property owner in respect of famous character and trademark with cancelling pirate registration of a trademark and registering this trademark in the name of the Japanese company.
  • Assisting world renowned chain of grocery stores in relation to a spotted intellectual property infringement related to using marks in a local store which are very similar to the client’s famous trademarks without client’s consent to such usage. Assistance covered mostly assessing chances of successful protection of trademark rights, collecting evidence proving the infringement and subsequent enforcement measures.
  • Advising a number of clients on various franchising matters in Belarus, including localisation of franchise agreements, registration of franchises, transfer of rights and dispute resolution. Among such clients are an American quick-service fast food restaurant chain; one of the largest fast-food chains in Northern Europe; an American pizza restaurant franchise.
  • Assisting Hungarian soft drinks manufacturer on different legal matters related to brand protection and use. The particular areas cover, for example, overcoming a refusal to protect an international trademark, assessing trademark registrability, launching marketing campaigns.
  • Advising Norwegian public marketing communications organisation on a complex trademark licence agreement covering multiple jurisdictions.
  • Advising American clinical-stage biopharmaceutical company on clinical trials and localisation of a complex agreement on clinical trials between Belarusian state clinics and the contract research organisation.
  • Assisting one of the most advanced transport carriers in the East and Central Europe with railway wagons certification in Belarus and EAEU.
  • Advising one of the world’s leading research-intensive companies in the agricultural industry on seeds labelling and packaging matters.
  • Advising leading manufacturer of a wide variety of vehicle tires on products recall from Belarus market: both from local dealers and end customers. Assistance covered preparing notifications to end customers, local dealers and regulatory authority regarding initiation of recall process.
  • Assisting ridesharing unicorn company in connection with expansion of its operations to Belarus. Services included advice on regulatory issues for choosing suitable business model, registration of the national trademarks, as well as preparation and localisation of the necessary documentation.
  • Advising the largest Polish manufacturer of pharmaceuticals on restructuring its business in Belarus and assisting with local contractual set-up.
  • Supporting leading online classifieds group and provider for sustainable e-commerce throughout the whole project of selling shares in a Belarusian company, assisting with various legal issues, including pre-closing coordination and proposing the most suitable transaction structure, advising on tax implications, advising on the share and intellectual property transfer and assisting with other post-closing actions.