Ants Nõmper
Managing Partner
Head of Intellectual Property & IT practice group
+ 372 640 7170
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Dr. iur. Ants Nõmper is one of the most widely recognised Intellectual Property, IT and Medical Law experts in Estonia whose work is closely linked with the word “innovation”. Ants has led a number of innovative cases, including the first patent dispute in Estonia, the first dispute over responsibility of a media channel over commentaries in Estonia, the first Estonian pharmaceutical advertisement dispute in the European Court of Justice and receiving the first preliminary ruling for a generic pharmaceutical in Estonia.
He is also one of the authors of the textbooks “Medical Law” and “Information and Law”, the first in their related fields to be published in Estonia. Ants is also a member of the .ee and .eu Domain Disputes Committee.
Ants Nõmper
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Key projects
Advising on the establishment of a nationwide e-health system (electronic health records, digital prescriptions, online registration etc.)
Creating the legal framework for Estonian health insurance
Advising Eesti Energia Aktsiaselts on one of the largest Estonian procurement for a client management system
Advising the Estonian Association of Information Technology and Telecommunications on implementing the .ee domain reform
Advising Skype technology creators on the claims of Net2Phone, Inc against eBay Inc. and Skype
Advising a client on the first Estonian patent dispute to reach the Supreme Court
Representing private person Vjatšeslav Leedo in the court dispute against Delfi web portal, which was heard by all three court instances in Estonia and was successfully resolved in the European Court of Human Rights
News
Ellex Raidla and Civitta advised the establishment of Tartu University holding company
On 30 November, the council of the University of Tartu (UT) decided to establish the company UniTartu Ventures OÜ, adding an opportunity to direct the intellectual property created by UT researchers to research- and technology-intensive companies.
One objective of the University of Tartu is to be the accelerator of smart economy in Estonia. This also means that the university is more actively participating in the creation of new high-tech companies. The need for a new company mainly resulted from the success and rapid development of the Institute of Genomics, institutes of the Faculty of Science and Technology, the university’s Feasibility Fund and the university’s spin-off programme in recent years.
The university-owned intellectual property to be invested in growing enterprises via UniTartu Ventures may include, for instance, data, research findings or patents. In addition to emerging companies stemming from the university, UniTartu Ventures can also cooperate with other Estonian or international technology companies that are in the early stage and need the intellectual property created at the university to develop.
The establishment of UniTartu Ventures OÜ was advised in cooperation with Civitta by Ellex Raidla's Counsel Antti Perli, Managing Partner Ants Nõmper and Tax Counsel Dmitri Rozenblat.
Find out more here.
Field of practice
Venture Capital & Emerging Companies
We advised the acquisition of the largest data centre in the Baltics
The Estonian company Greenergy Data Centers has involved the Three Seas Initiative Investment Fund (3SIIF), an investment fund established within the framework of the Three Seas Initiative, as an investor and acquired MCF, the largest data center in the Baltics being established near Tallinn.
Greenergy Data Centers announce that on Tuesday it completed the acquisition of MCF Group Estonia OÜ, which is building a data center that is to be opened near Tallinn in 2021 and will have a maximum capacity of up to 20 megawatts.
With the transaction, 3SIIF acquired a controlling interest in Greenergy Data Centers OÜ, which, in turn, became the full owner of MCF Estonia OÜ, which is building the data center.
"Acquisition of the new data center to be built near Tallinn is the first step towards our goal of establishing energy-efficient data centers in the Central and Eastern European countries that have joined the Three Seas Initiative in the coming years," said Üllar Jaaksoo, founder and head of Greenergy Data Centers OÜ.
According to Jaaksoo, in light of growing data volumes, there is a demand for modern data centers in the entire Central and Eastern European region that are energy efficient and meet the highest security requirements.
"Upon the completion of the first phase of the new data center in the first quarter of next year, we will continue to expand the business model to other Central and Eastern European countries," he added.
"The Greenergy platform and its first data center, MCF, will enhance digital connectivity through a network of energy efficient data centers across the Three Seas region. We are delighted that it we are working with such a high caliber team in this important first digital investment for the fund," said Joe Philipsz, senior investment director at Amber Infrastructure, investment adviser to 3SIIF.
The Three Seas Initiative Investment Fund (3SIIF), established under the Three Seas Initiative, is a fund for infrastructure investment planning in Central and Eastern Europe, focusing on the energy, transport and digital infrastructure sectors.
The Three Seas Initiative aims to promote cooperation, in particular in the development of infrastructure in the energy, transport and digital sectors. The objectives of cooperation are economic growth, the well-being of the population and increasing Europe's competitiveness, as well as energy security and an energy market based on open competition, and the achievement of climate goals through smart investment.
Ellex Raidla advised Three Seas Initiative Investment Fund and Amber Infrastructure Group on the deal. The team was led by Partner Sven Papp and included Managing Partner Ants Nõmper, Counsel Jaanus Ikla, Senior Associates Gerda Liik and Rauno Klemm, and Associates Kairi Kilgi and Kevin Gerretz.
Find out more here.
Industry
Real Estate & ConstructionField of practice
Corporate, M&A
Ellex Raidla organized a regulatory workshop in cooperation with Health Founders
Since this August, Ellex Raidla is in partnership with Health Founders, the business accelerator for health technology companies.
On November 5, we organized an inspiring workshop in cooperation with Health Founders. During the workshop, our managing partner Ants Nõmper, counsel Mari Must and associate Merlin Liis shared regulatory tips & tricks for startups. The presentations were followed by Chasing Unicorns movie night with expert legal commentary by our lawyer Priit Pruks, who is also the co-author of the movie.
Ellex Raidla thanks all the participants for an inspiring event.
Find out more about Health Founders HERE.
Ellex Raidla in partnership with Health Founders, the business accelerator for health technology companies
Health Founders is the first vertical health technology accelerator in the Baltics. They help exceptional founders develop breakthrough ideas into sustainable business models. The partners of Health Founders include Ellex Raidla, Startup Estonia, AS Mainor, Ülemiste Tervisemaja, Synlab, TalTech and Tera Ventures.
"The uniqueness of Health Founders lies in its network of highly experienced health practitioners, mentors and investors, which gives teams that have completed our program significantly more start-up acceleration than classic horizontal incubation programs," said Erki Mölder, co-founder of Health Founders, who has over 20 years of experience in the healthcare field. "Our lead mentors include Rainar Aamisepp, CEO at Synlab's Northern Europe region, Ants Nõmper, Managing Partner at Ellex Raidla, Andrus Oks, Founding Partner at Tera Ventures, Joseph Mocanu, Managing Partner at Verge HealthTech Fund in Singapore, and Rocco van den Berg, Innovation Lead at Philips Ventures."
Find out more HERE.
We advised the European Investment Bank (EIB) on a EUR 25 million loan to the North Estonia Medical Centre
The European Investment Bank signed a 25 million loan agreement with the North Estonia Medical Centre which supports the construction of the new psychiatric clinic as well as the Y-building, where the oncology centre, haematology and pathology will start to operate.
The new facilities will enable the optimization of healthcare processes, the hospital reports. This is the second loan investment of the European Investment Bank to the North Estonia Medical Centre – in 2011, the construction of a new diagnostic and treatment building was financed.
Over the past five years, the European Investment Bank has allocated almost 835 million euros to Estonian projects, including to the technology, infrastructure and transport sectors.
Ellex Raidla's team assisted the European Investment Bank in matters of Estonian law in this transaction. The team included our managing partner Ants Nõmper, partner Ermo Kosk, counsel Rain Raa and associate Kairi Kilgi.
Find out more here.
We assisted with the launching of a digital immunity passport pilot project
NGO Back to Work is testing one of the world's first digital immunity passports. It is an application that enables to securely share data with a QR code when a person has taken a COVID-19 virus test or an antibody test. With the help of a digital immunity passport, a person can safely prove that he or she is healthy.
"The goal of the digital immunity passport is to reduce fears and encourage societies around the world to move forward with their lives in the midst of a pandemic," said Taavet Hinrikus, a member of Back to Work, the NGO that develops the passport.
Our managing partner Ants Nõmper and associate Merlin Liis helped with the pilot project’s terms of use.
Read more about the project here.
We advised Estonian Lottery (Eesti Loto) on a project to upgrade the current lottery system
Eesti Loto AS has signed a contract with The Quality Group Lottery Solutions GmbH, an innovative and highly efficient IT solutions provider for the global lottery industry, to purchase a player management system and web portal. The cost of licenses, customization and implementation of the solution is € 1.92 million and the software is scheduled to be deployed by the end of next year.
Estonian Lottery was advised by our senior partner Jüri Raidla, managing partner Ants Nõmper, counsels Eneken Tikk and Mari Must and senior associate Rauno Klemm.
Successful representation of BLRT in the media dispute against Anastassia Kovalenko
BLRT’s court dispute against Anastassia Kovalenko regarding the correctness of factual allegations published in her master’s thesis and interview took a new turn in the circuit court. Namely, the court decided to order Kovalenko to refute the factual allegations.
The case began in autumn 2017 when BLRT filed an action with the court because the company found that Anastassia Kovalenko’s master’s thesis and the interview given to radio show “Delovoje ljudi” contained incorrect claims and statements.
On 26 October, Tallinn Circuit Court decided to annul Harju County Court’s initial judgment in part and partially satisfy the claims. This means that Kovalenko needs to refute allegations about BLRT’s annual reporting in the newspaper Äripäev, the publications of Delovõje Vedomost as well as on the University of Tartu’s website for master’s theses.
BLRT was represented by Ellex Raidla’s Partner Ants Nõmper and Senior Associate Martin Raude.
Ellex Raidla successfully represented Segway Inc in a dispute related to product design
We represented the leading innovator of personal transportation Segway Inc in a dispute concerning a breach of Segway’s registered product design rights against the local company Lara Invest OÜ.
Segway designs, develops and manufactures personal self-balancing electronic devices for consumers and businesses. It offers patrollers for law enforcement and private security agencies for patrol of indoor and outdoor environments: wooded trails, construction sites, and city sidewalks.
In 2015 Ninebot strategically merged with Segway, headquartered in Bedford, US. The combined company focuses on the research and development, design, manufacturing, distribution and sales of short-distance transportation products.
The design of Segway personal transporters is registered in the European Union Intellectual Property Office.
The client was represented by Partners Ants Nõmper and Anton Sigal, Counsel Mari Must, Senior Associate Liis Könn, Associate Mailis Meier.
We advised DataMe OÜ in connection with the creation of a new credit register
Ellex Estonia advised DataMe OÜ, an Estonian fintech company, in connection with the creation of a new credit register to be used for processing of credit data of private individuals. The new register offers Estonian lenders to exchange real time data relating to financial obligations of its customers, allows making of better quality credit decisions faster and at lower cost, increasing the quality of credits and making it easier to comply with regulatory obligations. This is a first such real time register in Estonia.
The client was advised by Ellex Estonia partners Raino Paron and Ants Nõmper and associate Gerly Lõhmus.
Representing Mr Andrus Kluge in a dispute with the Bank of Moscow
Ellex Raidla represented Mr Andrus Kluge, chairman of the Supervisory Board of Krediidipank, in a dispute with the Bank of Moscow. For our client the decision of the Supreme Court was positive. The head of Ellex Raidla team was partner Ants Nõmper in co-operation with senior associate Martin Mäesalu and associate Maret Kruus.
The dispute started when the Bank of Moscow did not agree with the truthful allegations of Mr Kluge stating that the Bank of Moscow tried several times to gain access to clients’ information subject to bank secrecy due to what the Bank of Moscow demanded to refute the allegation. The County Court and Circuit Court both agreed on the fact that the Bank of Moscow has tried to gain the access to clients’ information subject to bank secrecy. Also, the Supreme Court agreed with the decisions and the appeal in cassation of the Bank of Moscow was not proceeded.
Eesti Krediipank that was founded in 1992 and offers banking services to both private individuals and companies has offices and service locations all over Estonia and in Riga, Latvia.
The dispute started when the Bank of Moscow did not agree with the truthful allegations of Mr Kluge stating that the Bank of Moscow tried several times to gain access to clients’ information subject to bank secrecy due to what the Bank of Moscow demanded to refute the allegation. The County Court and Circuit Court both agreed on the fact that the Bank of Moscow has tried to gain the access to clients’ information subject to bank secrecy. Also, the Supreme Court agreed with the decisions and the appeal in cassation of the Bank of Moscow was not proceeded.
Eesti Krediipank that was founded in 1992 and offers banking services to both private individuals and companies has offices and service locations all over Estonia and in Riga, Latvia.
Additional information (in Estonian) is available here.
Represented Estonian daily business newspaper Äripäev in a successful dispute
Ellex Raidla partner Ants Nõmper represented Äripäev, the leading Estonian daily business newspaper, in a dispute against Ivar Richard Skandeberg.
The dispute started on 27 September 2012 as a result of an article “TOP15 wealthiest women: money is in mens’ hands” published by Äripäev. Ivar Richard Skandeberg addressed to the Estonian Data Protection Inspectorate claiming that Äripäev has processed his personal data illegally. Skandeberg applied to stop processing personal data and asked to eliminate magazine TOP 500 wealthiest from the sale. Neither Tallinn administrative court nor Tallinn district court satisfied his appeal.
Skandeberg was not satisfied with his loss in appellation court and made an appeal in cassation to the Supreme Court. On December 18, 2014 the Supreme Court decided not to accept his appeal.
Additional information is available HERE
The dispute started on 27 September 2012 as a result of an article “TOP15 wealthiest women: money is in mens’ hands” published by Äripäev. Ivar Richard Skandeberg addressed to the Estonian Data Protection Inspectorate claiming that Äripäev has processed his personal data illegally. Skandeberg applied to stop processing personal data and asked to eliminate magazine TOP 500 wealthiest from the sale. Neither Tallinn administrative court nor Tallinn district court satisfied his appeal.
Skandeberg was not satisfied with his loss in appellation court and made an appeal in cassation to the Supreme Court. On December 18, 2014 the Supreme Court decided not to accept his appeal.
Additional information is available HERE
Industry
Media & EntertainmentField of practice
Dispute Resolution
Advising Medicine Estonia Cluster regarding the standard contracts
Ellex Raidla partner Ants Nõmper advised Medicine Estonia Cluster regarding the preparation of standard contracts for provision of health care services, including contracts regarding the patients’ approval and the preparation of anaesthesia leaflets in Estonian, Russian, English and Finnish.
Medicine Estonia is a project of Service Industry Association supporting its members in increasing their export of medical services. One of the main roles of the cluster is to market the services of its members in target markets and to create an attractive image for the Estonian service providers.
Additonal information: www.medicineestonia.eu
Medicine Estonia is a project of Service Industry Association supporting its members in increasing their export of medical services. One of the main roles of the cluster is to market the services of its members in target markets and to create an attractive image for the Estonian service providers.
Additonal information: www.medicineestonia.eu
Industry
Life ScienceField of practice
Commercial & ComplianceIP & IT
Advised Cellin Technologies OÜ regarding unique cell medicine project
Ellex Raidla partner Ants Nõmper advised Cellin Technologies OÜ in preparation of the documents regarding the unique cell medicine project. Cellin Technologies OÜ is the first company that started producing personalized cancer medicine called MelCancerVac.
The personal cell medicine that is in the final phase of test point, is based on amplifying patient's body defensive reaction, using the patient's blood-derived dendritic cells and the melanoma cell lysate. If the trials are successful, MelCancerVac may become the world’s first vaccine against colorectal cancer.
Cellin Technologies OÜ is a cell therapy products contract manufacturing company founded in 2008 that is using modern cleanroom facility for the production of cell therapy medicinal products of the highest quality. The company is participating in the EU- funded Research and Development project, which studies how to the use of regenerative cells from human fat in the creation of new blood vessels.
Additional information: www.cellintechnologies.com
The personal cell medicine that is in the final phase of test point, is based on amplifying patient's body defensive reaction, using the patient's blood-derived dendritic cells and the melanoma cell lysate. If the trials are successful, MelCancerVac may become the world’s first vaccine against colorectal cancer.
Cellin Technologies OÜ is a cell therapy products contract manufacturing company founded in 2008 that is using modern cleanroom facility for the production of cell therapy medicinal products of the highest quality. The company is participating in the EU- funded Research and Development project, which studies how to the use of regenerative cells from human fat in the creation of new blood vessels.
Additional information: www.cellintechnologies.com
Industry
Life ScienceField of practice
Commercial & Compliance
We represented Estonian Health Insurance Fund in 11 cases about the selection process of contracting partners
Estonian Health Insurance Fund, organization handling mandatory health insurance, was a respondent in cases doubting the transparent selection process of contracting partners. We represented the organization in 11 disputes.
Industry
Life ScienceField of practice
Commercial & ComplianceDispute Resolution
Advised ZeroTurnaround in a corporate FLIP transaction
Ellex Raidla advised ZeroTurnaround OÜ, the producer of innovative software technologies, in a novel flip transaction whereby an U.S. holding company was incorporated and the shares of Zeroturnaround OÜ exchanged for the shares of the new U.S. holding company.
The transaction was advised by Ellex Raidla partner Ants Nõmper.
Industry
TechnologyField of practice
Corporate, M&AIP & IT
Education
University of Tartu, Estonia
Doctor of Philosophy (Ph.D.)
Doctor of Philosophy (Ph.D.)
University of Göttingen, Germany
Master of Laws (LL.M.)
Master of Laws (LL.M.)
University of Tartu, Estonia
Bachelor of Laws (LL.B.), officially equivalent to MA, cum laude
Bachelor of Laws (LL.B.), officially equivalent to MA, cum laude
Memberships
2017–…
University of Tartu
Member of Supervisory Council
Member of Supervisory Council
2013–…
Estonian Data Protection Authority
Member of Advisory Committee
Member of Advisory Committee
2011–…
Estonian Domain Disputes Committee
Member
Member
2008–…
AIPPI (International Association for the Protection of Intellectual Property)
Member
Member
Publications
Juridica: "Penal Liability of a Member of the Management Board of a Care Home, Pursuant to § 123 of the Penal Code. Judgment of the Criminal Chamber in case 1-17-7111"
2020
Juridica: "Penal Liability of a Member of the Management Board of a Care Home, Pursuant to § 123 of the Penal Code. Judgment of the Criminal Chamber in case 1-17-7111"
At the end of 2019, the Criminal Chamber of the Supreme Court ruled in case 1-17-7111, which examined the facts constituting an offense – placing in danger – qualifying under § 123 of the Penal Code and the related issues of substantive law. This decision is noteworthy primarily because, as far as the authors of this article are aware, it is the first Supreme Court ruling that interprets the facts constituting an offense under § 123 of the Penal Code and, secondly, for the first time, the Supreme Court clarified the penal liability (§ 123 of the Penal Code) of a person running a care home for the elderly, the bases of liability for failure to act in case of quasi-delict, and the content of the resulting due diligence. The article provides an overview of and comments on the criminal proceedings and on the Supreme Court’s interesting views on the obligation to act as a guarantor due to general duty of care and the transfer of duty. It also addresses some unresolved issues in the Supreme Court judgment.
Read more HERE and learn more about our experience in criminal compliance.
Juridica: "Proposal: Reduce the Liability of Healthcare Professionals to Establish Patient Insurance"
2019
Juridica: "Proposal: Reduce the Liability of Healthcare Professionals to Establish Patient Insurance"
In the 35th Estonian Lawyers’ Days, which were held in October 2018, a representative of patients, a healthcare figure and a lawyer shared the stage in one session. During the session, the presenters noticed that, regardless of their profession, they all shared the same viewpoint regarding the liability of healthcare professionals. It was found that the regulation of liability of healthcare professionals requires amendment because the current one hinders the establishment of a patient insurance system and learning from mistakes. Thus, a proposal was made to reduce the liability of healthcare professionals. The article also explains this proposal to readers of Juridica.
Read more HERE.
Juridica:"The State’s Obligations in Ensuring the Protection of Health: Increasing the Vaccination Rate Using Legal Measures"
2018
Juridica:"The State’s Obligations in Ensuring the Protection of Health: Increasing the Vaccination Rate Using Legal Measures"
It is estimated that vaccination prevents up to three million human deaths every year. As vaccination programmes have been successful, parents usually have no experience with, or memory of, vaccine-preventable illnesses. This is why it is difficult for them to appreciate the benefits of vaccination. Instead, paradoxically, both globally as well as in Estonia, the anti-vaccination movement has appeared, which is mainly driven by the false assumption that vaccines are dangerous.
Read more HERE.