Ants Nõmper, Dr. iur.

Managing Partner

Estonia

Ants Nõmper
+372 517 7763

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 to the word ‘innovation’. Ants has led a number of innovative cases, including the first patent dispute in Estonia, the first dispute over the 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 company 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 is highlighted for his “good knowledge in the healthcare sector” and is singled out by sources as a “very well-known attorney in medical law and IT law,” who has “made a name for himself in these fields.” He is well versed in contentious IP matters, with significant experience handling patent, copyright and trade mark infringement cases.

picture3 1  legal500 hall of fame  ip stars    wtr

2005

University of Tartu, Estonia

Doctor of Philosophy (Ph.D.)

2000

University of Göttingen, Germany

Master of Laws (LL.M.)

1999

University of Tartu, Estonia

Bachelor of Laws (LL.B.), officially equivalent to MA, cum laude

2017

University of Tartu

Member of Supervisory Council

2013

Estonian Data Protection Authority

Member of Advisory Committee

2011

Estonian Domain Disputes Committee

Member

2008

AIPPI (International Association for the Protection of Intellectual Property)

Member

2005

Estonian Bioethics Council

Member

2005

Tallinn Childrens' Hospital

Member of ethics committee

2001

University of Tartu

1999

Estonian Bar Association

Member

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.

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.

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.

2017

Juridica, 5, 329-339

Living Will: for What and for Whom? Forms, Formalising, and the Issues in Implementation.

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.

2011

Juridica Abstract, 2, 162-164

Commentary on the Judgment of the Supreme Court in Case 3-1-1-79-10.

2011

Data Protected. A global report on the status of data protection laws in 2011/2012

Estonian Chapter Linklaters LLP, 59-63 2011

2011

The Right to Health Protection in the Estonian Constitution

Co-author Juridica International, 1, 117–126 2002

2010

E-Discovery and Data Privacy: A Practical Guide

Estonian Chapter Kluwer Law International, 77-85 2010

2010

What is Wrong with Using Anonymized Data and Tissue for Research Purposes? Blood and Data

Reykjavik: University of Iceland Press, 121-126, 2004

2010

Population Genetic Databases: a Comparative Analysis of the Law in Iceland, Sweden, Estonia and the UK

Trames. Journal of the Humanities and Social Sciences, Vol 8, 1/2, 15–33 2004

2010

The Estonian Genome Project. Society and Genetic Information: Codes and Laws in the Genetic Era

Co-author Budapest: CEU Press, 213–225 2003

2010

Estonia and Iceland — Pioneers in Regulating Genebanks. Strafrecht, Biorecht, Rechtsphilosophie

Co-author Festschrift für Hans Ludwig Schreiber. Heidelberg: C.F.Müller 2003

2010

Human Genes Research Act: a Pioneer in Regulating Biomedical Research

Juridica, 3, 155–163 (in Estonian) 2002

2010

On the Legal Regulation of Genetic Testing

Juridica, 2, 113–123 (in Estonian) 2001

2010

Transfer of a Co-Owned Apartment

Co-author Juridica, 3, 133–135 (in Estonian) 1999

2009

Võlaõigusseadus III. Kommenteeritud väljaanne (Law of Obligations Act III. Commented Edition)

Tallinn: Juura (comments) 2009

2009

Karistusseadustik. Kommenteeritud väljaanne (Estonian Penal Code. Commented Edition)

Tallinn: Juura (comments) 2009

2009

Personal Data Protection Regulation in Estonia and Directive 95/46/EC

Implementation of the Data Protection Directive in Relation to Medical Research in Europe, Aldershot: Ashgate, 73–85 2004

2009

The Case of Stigma Abortion

Juridica, 7, 435–450 (in Estonian) 2000

2009

Human Body as an Object of Property and Patent Law — a Path to Modern Slavery?

Juridica, 6, 351–368 (in Estonian) 2000

2008

The Criminal Case of the Doctors of Jehovah’s Witnesses’ Child

Juridica, 4, 212–223 (in Estonian) 2000

2008

Further Development of a Problem: Culpa in Contrahendo and Letter of Intent

Juridica, 1999, 1, 22–26 (in Estonian) 1999

2007

The International Comparative Legal Guide to: Pharmaceutical Advertising 2008 and 2007

Estonian Chapter UK: Global Legal Group Ltd. 2007

2007

Meditsiiniõigus (Medical law)

Co-author Tallinn: Juura (in Estonian) 2007

2007

Informatsioon ja õigus (Information and law)

Co-author Tallinn: Juura (in Estonian) 2007

2005

Open consent – a new form of informed consent for population genetic databases

Tartu: Tartu Ülikooli Kirjastus 2005

2005

Lessons from European Population Genetic Databases: Comparing the Law in Estonia, Iceland, Sweden and the United Kingdom

European Journal of Health Law, Vol 12, 2, 103-134 2005