Natalia Kirichenko is a Partner in the Kyiv office, the head of the local IP&T, Data & Cybersecurity, services lines, and the co-head of the firm-wide IP&T service line.

Natalia has more than 15 years of experience advising clients on a broad range of intellectual property matters, both contentious and non-contentious, including IP protection strategies, managing IP portfolios, commercial contracts (e.g., franchising, licensing, distribution and R&D agreements) and enforcement. Natalia also has broad professional experience with transaction structuring and leads major M&A transactions with advice on related IP issues.

As part of her practice, Natalia also focuses on privacy, data protection, cyber security, cloud and other business services agreements, cross-border data flows, biometrics privacy, healthcare privacy, employee data and electronic monitoring.

RECENT ENGAGEMENTS INCLUDE ADVISING*

Intellectual Property

• A LEADING GLOBAL MANUFACTURER OF PREMIUM PAINTS on the localisation of standard distribution agreements from the Ukrainian law perspective; preparation of replies to a competitor’s cease-and-desist letters claiming that the client infringed the competitor’s IP rights; negotiations with the competitor; and filing trademark applications on behalf of the client
• A FRENCH PRODUCER OF CHAMPAGNE on several IP matters, including preparation and sending out of cease-and-desist letters to trademark owners to withdraw trademarks infringing our client's trademark rights and preparation and negotiations of an agreement on the co-existence of trademarks with a Ukrainian sparkling wine producer
• AN INTERNATIONAL PERSONAL HYGIENE SOLUTIONS PROVIDER on the preparation of a trademark license agreement with the local holder of a trademark that is identical to the client’s trademark and used by the client in other jurisdictions; preparation of the trademark assignment agreement effective upon the expiration of the license agreement
• A MULTINATIONAL PIZZA RESTAURANT CHAIN on its Ukrainian franchise expansion, including preparation of the franchise agreement, agreements with key suppliers of the Ukrainian franchisee, and further renewal and negotiations of the franchise agreement with the Ukrainian franchisee
• 30+ CLIENTS, including SpinMaster, Norwegian Seafood Council, Conair, Efes, ZeniMax, Benjamin Moore and others, on managing trademark and patent portfolios in Ukraine

Technology

• STILLFRONT on conducting due diligence on IP, preparation of IP-related transactional documents and other on-going support from the IP law perspective in relation to the acquisition of Game Labs Inc.
• A US INTERNET C2C COMPANY on IP support for its acquisition of an international provider of comprehensive data-management, database development and migration services, with almost 500 developers in Ukraine, including carrying out due diligence on the Ukrainian target and advising on the IP aspects of the transaction
• THE WORLD'S LEADING PROVIDER OF OPEN-SOURCE SOLUTIONS on various IP issues, including preparation of an R&D agreement, preparation of supplementary intercompany documents to confirm the transfer of IP rights, and other on-going support
• A SOCIAL CASINO DEVELOPER on an IP clean-up and other matters in relation to the USD 200 million sale of assets of the client and its affiliates to The Blackstone Group LP

Data & Cybersecurity

• A US INVESTMENT BANKING GROUP on the legality of various types of employee monitoring, and advising on the impact of banking secrecy rules on employee monitoring
• A GERMAN AUTOMOTIVE MANUFACTURER on data protection matters with regard to the usage of cookies; preparation of consents and notifications in multiple languages; preparation of banner text concerning cookies; advising on privacy matters relating to an online customer servicing tool
• A JAPANESE AUTOMOTIVE MANUFACTURER on requirements to use automobile dash-cams in Ukraine from the privacy perspective
• THE WORLD'S LEADING PROVIDER OF OPEN-SOURCE SOLUTIONS on a review of personal data protection regulations of its local entity and implementation of the group’s global privacy statement at the local level
• A MANUFACTURER OF SEMICONDUCTOR-BASED SYSTEM SOLUTIONS on the localisation of its global privacy policy to be adopted by its Ukrainian subsidiary, advice on data retention matters, and localisation of its whistleblowing policy etc.

Telecommunications

• THE EUROPEAN COMMISION on drafting subordinate legislation to obtain necessary information from telecom operators for broadband mapping
• A MULTINATIONAL TELECOMMUNICATIONS AND IT SERVICES PROVIDER on the preparation of regulatory reporting to Ukraine’s Nuclear Regulatory Authority and advising on ad-hoc regulatory matters, e.g., the client’s sea-cable landing projects, sanctions etc.
• AN INFRASTRUCTURE MANAGEMENT COMPANY on conducting telecom regulatory due diligence and preparation of the regulatory parts of transactional documents in relation to the acquisition of Telia’s telecom business
• NEQSOL HOLDING on conducting IP due diligence of a target company, advising on IP and telecom regulatory matters, preparation of IP-related transactional documents and other on-going support from the IP law perspective in relation to the acquisition of one of the largest telecom operators in Ukraine
• A US-HEADQUARTERED SUPPLIER OF IN-FLIGHT ENTERTAINMENT EQUIPMENT, INCLUDING MUSIC AND VIDEO-ON-DEMAND on amending the Plan for the Use of the Radio Frequency Resources of Ukraine and structuring relations between the client, Ukraine International Airlines and the Ukrainian license holder for the purpose of the provision Wi-Fi services on airplanes

Life Sciences & Healthcare

• PHARMA START, a major Ukrainian pharmaceutical manufacturer, on the transfer of IP assets in connection with the sale of its 100% stake in Pharma Start to Acino Pharma AG
• EGIS PHARMACEUTICALS on conducting a pre-acquisition due diligence of a pharmaceuticals products portfolio and advising on the transaction structure
• A GLOBAL SURGICAL IMPLANT COMPANY on the harvesting of human tissue and its export to other countries from the Ukrainian law perspective
• AN AMERICAN GLOBAL PHARMACEUTICAL COMPANY on the regulatory aspects of conducting clinical trials in Ukraine
• A GLOBAL HEALTHCARE COMPANY on the review of clinical study agreements

* Experience prior to joining Kinstellar.

EDUCATION

• 2016: Uzhgorod National University, Ukraine, PhD.
• 2005: National University of Kyiv-Mohyla Academy, Ukraine, Master's degree

LANGUAGES

Ukrainian, Russian, English

PUBLICATIONS

• The COVID-19 lockdown and its impact on telecommunications in Ukraine, Ukrainian Law Firms, 2020
• Remedies for international sellers of goods, 2nd edition, 2019 (co-author)