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Mariia Baranovych

Mariia Baranovych

International Lawyer, Attorney at Law (UA), Partner » AMATIN AG Attorneys at Law

Switzerland

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15
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6
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Presentación

Mariia Baranovych, an International Lawyer, Attorney-at-law (UA), Partner at Amatin Law Firm (Basel, Switzerland), has been practicing law for over 15 years. Mariia has a vast experience in providing comprehensive legal support to international and local companies both as an external legal counsel working in law firms and as a corporate lawyer (including, as an acting Head of legal and a solo in-house lawyer). She is authorized to practice law both in Switzerland and Ukraine.

The main areas of Mariia`s legal expertise include, inter alia, Private International Law, Commercial Law, Life Sciences & Healthcare (including Pharma, Medical Devices, Cosmetics, Clinical trials), Food & Beverage, FMCG (incl. tobacco products and other non-food products), Retail (regulatory issues, including Product Safety, Labelling, Consumers’ Rights Protection, Packaging, Waste, Environmental Social Governance – ESG), Distribution, Advertising / Promotion / Marketing, Contract Law, International Trade, Antitrust & Competition Law, Anticorruption Compliance & Business Ethics, Personal Data Protection, EU Law, Public Procurement, Governmental Relations.

Mariia Baranovych has a vast experience in identifying legal risks and developing risk mitigation tools, and working as a legal business partner for commercial business units. On daily basis Mariia has been providing legal support related to production and distribution of products, advertising, marketing, promotional activities, donations and grants, patient support programs, interaction with healthcare professionals and key opinion leaders, healthcare institutions, distributors and pharmacy chains, clinical trials, etc. She has also carried out anticorruption audits of the companies` business processes, developed compliance programs and conducted trainings to mitigate risks.

For more details please see https://www.amatin.ch/en/team/mariia-baranovych/ 

Contacto

Domicilio social principal
Lange Gasse 15 (AMATIN Rechtsanwälte AG), Basel, Basel-Stadt, Switzerland
Logros
International Food Law & Policies, the University of Parma (Italy) - Food Law & Policies in Ukraine - mayo 2022
New Risks and Opportunities in the Advertising of Medicinal Products and Parapharmaceuticals: frank talk off the record - New Risks and Opportunities in the Advertising of Medicinal Products and Parapharmaceuticals: recent approaches of the state authorities - octubre 2021
GOOD REGULATORY PRACTICE: Promoting Ukraine’s Trade Agenda - Business and State: Successful Experience of Cooperation on the path to European Integration - septiembre 2017
AIJA Conference "Litigating your distribution and agency contracts on an international scale" (Tel Aviv, Israel) - Litigating distribution contacts - junio 2016
E-Commerce: New Ideas for Profits vs Legal Nuances - E-Commerce, Advertising and Personal Data Protection - junio 2016
EFFECTIVE DISTRIBUTION AND MARKET PENETRATION: legal aspects - Advertising: how to sell and tell the truth to customers and about competitors? - febrero 2016
Annual Conference "Media Law" - Irrational Restrictions in Advertising Legislation - octubre 2015
PACKAGING INDUSTRY (on its Way to the European Markets) - What to consider when entering the EU market: legal aspects - septiembre 2015
Way to Safe Products and Packaging in Ukrainian and Foreign Markets - Requirements for Food Contact Materials and Articles: European Approach - abril 2015
National Forum "Waste Management in Ukraine: Legislation, Economics, Technology" - Separate Collection of Municipal Waste in Ukraine: Problems and Prospects - abril 2014
Clean City: Problems and Solutions - The European Approach to Waste Management - diciembre 2013
Food Labeling: Realities and Prospects - Legal Regulation of Food & Beverages Labelling in Ukraine - enero 2013
Current Problems of Human Rights and Medicine - Market of Medicinal Products in the Focus of Attention of the Antimonopoly Committee of Ukraine - enero 2013
Latest Tendencies and Practice of the Antimonopoly Regulation in the Food and Retail Industry - General Tendencies of the Antimonopoly Regulation in Food & Beverages and Retail Industry - octubre 2012
Import substitution of medicines - Import Substitution: Adaptation of Foreign Manufacturers of Medicines to the New Ukrainian Reality. Experience of Neighboring Countries - julio 2011
English - avanzado Ukrainian - nativo Russian - avanzado German - principiante Polish - principiante Arabic - principiante
Award for contributing to the Ukrainian agricultural law development and compliance with EU standards - the Ministry of Agricultural Policy and Food of Ukraine - septiembre 2014
En la prensa
01.12.2022 | Amatin NewsBlogs
Mariia BaranovychData protection (GDPR): video recording and video surveillance – to be or not to be?
Though a lot of fines have been already imposed on companies and individuals for violating data protection legislation (including the GDPR) while applying video surveillance and other types of video recording, it does not mean that video recording is prohibited at all. In fact, the question is which specific risk mitigation tools shall be applied in order to conduct video recording lawfully. Besides, each particular case should be assessed separately, taking into account the purpose and all the circumstances of the intended video recording, as well as requirements of applicable data protection regulations (including the GDPR), respective guidelines and the best practices in this area.


17.11.2022 | Amatin NewsBlogs
Mariia BaranovychFood labelling: legal requirements, country of origin and risk of misleading
Labelling of food products must comply with legal requirements of those countries where such products are sold. In any case the food labelling shall not mislead consumers as to the characteristics of a food product, including its nature, properties, composition, quantity, country of origin etc. Non-compliance of the food labelling may entail significant business losses, inter alia those related to imposition of fines, destruction of packaging containing non-compliant labelling as well as damaged reputation of the food market operator. We would strongly recommend: i) ensuring compliance of food labelling with legal requirements of those particular countries where such products are intended to be sold, as well as ii) regular monitoring of both relevant law enforcement practice and anticipated legal developments in order to bring business practices of food market operators in line with new approaches


03.11.2022 | Amatin NewsBlogs
Mariia BaranovychData protection (GDPR) and breach of employees’ personal data
Sometimes companies forget to take care of proper protection of personal data of their staff (including current, former and potential employees) according to applicable data protection regulations, inter alia, the EU General Data Protection Regulation (GDPR) which has extraterritorial force. In order to mitigate the risks of being fined for the breach of employees’ personal data, we would recommend, inter alia: - developing internal documents of the company which would regulate processing of personal data of its current, former and potential employees in compliance with applicable data protection regulations (including GDPR), taking into account relevant law-enforcement practice, - conducting trainings for employees in order to bring to their attention requirements and restrictions in the area of personal data protection, - implement other necessary organizational and technical measures in the area of data protection, - before processing any personal data – assessing it on case-by-case basis and making sure that there is indeed a valid legal basis for such particular data processing.


24.10.2022 | Wolep.com
Mariia BaranovychData protection (GDPR): importance for companies outside the EU
Though General Data Protection Regulation (GDPR) was adopted in the European Union, it has extraterritorial force and also applies to non-EU companies which meet certain criteria.


03.10.2022 | Amatin NewsBlogs
Mariia BaranovychData protection (GDPR): transfer of personal data to third countries and modernised standard contractual clauses
While transferring personal data to other countries, it is important to ensure appropriate data protection under applicable laws, including the General Data Protection Regulation (the GDPR) of the European Union. Before transferring personal data to any third country, we would recommend: 1) checking whether such country ensures an adequate level of protection (i.e. whether it is included in so called adequacy decisions of the European Commission), 2) if not – applying the modernised standard contractual clauses for the transfer of personal data to third countries.


08.09.2022 | Amatin NewsBlogs
Mariia BaranovychData protection (GDPR): importance for companies outside the EU
The EU General Data Protection Regulation (GDPR) has extraterritorial force and also applies to non-EU companies which meet certain criteria. We would recommend companies, including those which are based in non-EU countries: (1) conducting an audit of the company's business processes in order to identify whether the personal data which is processed by such company, as well as its processing activities are covered by the extraterritorial reach of the GDPR; 2) if yes, - ensuring compliance with the GDPR, inter alia, developing all necessary documents and procedures.


20.07.2022 | Amatin NewsBlogs
Mariia BaranovychDoing business in foreign countries: issues that deserve your attention
It is important to ensure that the business launch in foreign markets is well-planned and fully complies with applicable local regulations of particular countries and international law. While choosing a model for conducting business abroad, all pros and cons, including tax consequences, should be weighed taking into account peculiarities of a particular business and local regulations. We would also highly recommend conducting Due Diligence (background checks) of both potential and current business partners (including their ultimate beneficiaries, CEO and signatories of the contracts). While conducting negotiations and drafting agreements with business partners, it is vital to keep in mind risk zones, identify and assess all potential risks, as well as develop proper risk mitigation tools. #businesslaunch #internationalbusiness #foreignmarkets #internationallaw #DueDiligence


07.07.2022 | Amatin NewsBlogs
Mariia BaranovychExclusive distribution: new rules, risks and opportunities
Each Exclusive Distribution Agreement should be assessed individually in order to identify all risks taking into account both applicable legislation as well as recent law-enforcement practice of relevant jurisdictions. We would recommend drafting and negotiating distribution agreements carefully, while implementing a number of risk mitigation tools.


30.06.2022 | Amatin NewsBlogs
Mariia BaranovychMariia Baranovych, an International Lawyer, Attorney at Law (UA) joined AMATIN AG as a Partner in Basel, Switzerland.
Before Mariia Baranovych came to Switzerland from Ukraine, she gained extensive experience as a lawyer in a renowned law firm and as a corporate lawyer in Ukraine, advising international and local companies.


08.04.2021 | Liga Zakon
Mariia BaranovychRisk Mitigation Tools in Advertising of Medicinal Products: Recent Law Enforcement Practice
Традиційно реклама лікарських засобів з року в рік перебуває у фокусі підвищеної уваги Антимонопольного комітету України (далі - АМКУ, Комітет). Водночас, враховуючи соціальну значущість ринків лікарських засобів, поширення пандемії COVID-19 стало каталізатором активних дій АМКУ у сфері нагляду за дотриманням законодавства про недобросовісну конкуренцію при рекламуванні лікарських засобів.


01.04.2020 | PharmaNet
Mariia BaranovychOnlines sales of medicines during the quarantine period: is it possible or not?
Как относиться к разрешению, данному на словах, и не подтвержденному какими-либо документами? Очень заманчиво «пренебречь формальностями», такими, как Лицензионные условия, например, и расширить ассортимент «магазина на диване» лекарствами. Законно ли это


01.03.2018 | Wolep.com
Mariia BaranovychProtection of EU Geographical Indications in Ukraine: EU-Ukraine Association Agreement and Other Available Tools
The EU-Ukraine Association Agreement is one of the tools to protect EU geographical indications in Ukraine (inter alia, geographical indications for wines, foodstuffs and agricultural products, such as Champagne, Cognac, Madeira, Jeres, Marsala, Tokaj, Feta, Roquefort, Parmigiano Reggiano, etc.). The Agreement secures the protection of geographical indications without the procedure for registration of the qualified indications of origin indicating specific geographical place from which goods originate as provided for by the Law of Ukraine “On the Protection of Rights to Indication of Origin of Goods”. Even if currently certain geographical indications protected in the EU are not covered by the EU-Ukraine Association Agreement, there are other efficient tools to protect them in Ukraine, including applications to the Ukrainian Competition Authority (the Antimonopoly Committee of Ukraine).The EU-Ukraine Association Agreement is one of the tools to protect EU geographical indications in Ukraine (inter alia, geographical indications for wines, foodstuffs and agricultural products, such as Champagne, Cognac, Madeira, Jeres, Marsala, Tokaj, Feta, Roquefort, Parmigiano Reggiano, etc.). The Agreement secures the protection of geographical indications without the procedure for registration of the qualified indications of origin indicating specific geographical place from which goods originate as provided for by the Law of Ukraine “On the Protection of Rights to Indication of Origin of Goods”. Even if currently certain geographical indications protected in the EU are not covered by the EU-Ukraine Association Agreement, there are other efficient tools to protect them in Ukraine, including applications to the Ukrainian Competition Authority (the Antimonopoly Committee of Ukraine).


01.12.2017 | European Food and Feed Law Review>Volume 12 (2017), Issue 6 > Pages 499 - 506
Mariia BaranovychNew Rules of State Control over Food and Feed in Ukraine: Perspectives for Business
The system of state control over food products and feed, as well as animals’ health and welfare, belongs to the high-priority areas in Ukraine where harmonisation of the local regulations with the EU laws takes place. Since the Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products” was adopted in 2014, some basic principles of the European state control system in food area have already been implemented in Ukraine. However, to ensure maximum efficiency of the state control system and the Deep and Comprehensive Free Trade Area (DCFTA) between the EU and Ukraine, the adoption of the sectoral law was needed. So, the Ukrainian Parliament recently adopted a new Law of Ukraine “On State Control over Compliance with Legislation on Food Products, Feed, By-Products of Animal Origin, Animals’ Health and Welfare”, which has been supported by European experts and the European Commission. Thus, Ukraine made an important step to implement a risk-based approach and a system of state control equivalent to the European one. This article covers key ideas and principles of the new Ukrainian regulations and outlines the possible impact of the new rules on business operators.


22.02.2017 | Delo.ua
Mariia BaranovychHow to properly dismiss an employee for corruption?
Уволенные за коррупцию сотрудники довольно часто восстанавливаются на своей должности и к тому же требуют от работодателя компенсации. Юристы Arzinger рассказывают, как грамотно оформить увольнение таких кадров


10.01.2017 | European Food and Feed Law Review. Volume 12 (2017), Issue 1. Pages 37 - 42
Mariia BaranovychHarmonization of Ukrainian Food Safety Legislation with EU Law
Ukraine is undergoing a process of reforming its legislation and aligning it with EU law in multiple spheres, including food safety law. The EU-Ukraine Association Agreement has become the key catalyst of the reform, as it stipulates a complex program for approximation of the Ukrainian legislation with the European one. In this article we review the EU-Ukraine Association Agreement from the perspective of its influence on the business relations between the parties, the steps that have been taken in Ukraine in order to reform its food safety legislation and improve the business climate, as well as the further steps that are planned to be taken in the near future.


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