
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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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:"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.
Juridica, 5, 329-339
2017
Juridica, 5, 329-339
Living Will: for What and for Whom? Forms, Formalising, and the Issues in Implementation.
Juridica Abstract, 10, 727-738
2012
Juridica Abstract, 10, 727-738
On the Fundamental Right to Protection of Health on the Example of Restrictions on Freedom of Establishment of Pharmacies.