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Portrait ofMartina Gavalec

Martina Gavalec

Senior Associate
AI Law expert

Contact
CMS Bratislava
Staromestská 3
811 03 Bratislava
Slovakia
Languages Slovak, English, French
Life Sciences & Healthcare

Martina Gavalec is a senior associate and an attorney-at-law advising national and international companies primarily in the field of corporate/M&A on corporate reorganisations and commercial law matters. Martina has over 11 years of experience in corporate transactions across various sectors, including pharmaceutical, software, tech, energy & utility and manufacturing. She also practices in the fields of Life Sciences, Digital Health Technologies and Intellectual Property.  

Additionally, Martina Gavalec regularly represents business clients in cross-border commercial, administrative, and criminal disputes. 

She obtained her Master of Laws degree at international corporate & commercial law at one of the world's top ranked law schools - King’s College London. She completed the Bar Exam with Honours. 

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Relevant experience

  • Advising an Austrian renewable energy investment company in connection with the i) acquisition of the photovoltaic power plants in Slovakia; and ii) DD of companies and photovoltaic projects already indirectly acquired by the client.
  • Advising an investment fund company (including complex due diligence) in connection with the intended investment into the e-commerce start-up company.
  • Advising a global manufacturing company of electric connection and industrial automation technology on the acquisition of ownership titles with respect to their cross-border manufacturing processes.
  • Advising a German cord cutting specialist for tire manufacturing on the acquisition of a 100% shareholding in the leading global supplier of machinery and tire production.
  • Advising on direct or indirect acquisition of a 60% shareholding in Austrian target company operating in the field of drainage systems; including three subsidiaries located in Slovakia.
  • Advising a leading global manufacturing company (Fortune 500 company, listed in LSE and NYSE) on its winning bid and acquisition of a Slovak target's business and other subsidiary businesses. Acquisition transformed the company into the world’s 3rd-biggest and CEE largest building supplier.
  • Advising the major state-owned nuclear power generation company on its potential bid for the acquisition of a stake in Slovakia’s largest energy producer.
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Memberships & Roles

  • Slovak Bar Association – Bar exam passed with Honours
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Publications

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Lectures list

Martina Gavalec lectured at Association of Chartered Certified Accountants on the commercial and criminal liability of the company’s statutory body. Martina also lectured on intellectual property law matters to various non-governmental organisations via the programme “Pro Bono Attorneys“ organised by the Pontis Foundation.

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Education

  • 2022 – LL.M., Law, King’s College London 
  • 2016 – Postgraduate Diploma, English Law and EU Law, University of Cambridge and Comenius University 
  • 2012 – LL.M., Law, Paneuropean University
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Intellectual Property

Martina Gavalec is a senior associate and an attorney-at-law in the Bratislava office specialising in non-contentious intellectual property, IT and commercial law, including branding and trademark issues, IP protection, copyright and software licensing. 

Martina advises on a broad range of commercial agreements, including terms and conditions of business, agency, distribution and supply agreements, consultancy agreements, collaboration agreements and IP and software licensing agreements. 
She acts for clients in a variety of sectors including pharma, software and technology.

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Relevant experience

  • Advising UK-based tech medical company on cross-border prescription of prescription-only medicines.
  • Advising global leader operating in tech pharma & scientific data systems on the usage of medical data devices used by oncology institutes.
  • Advising the 3rd largest generics company in Europe on the development of a pharmaceutical product and its commercial use, including modification of relevant IP rights, know-how and patents related to the future use of the product and of divestment of its EU business
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Commercial

Martina Gavalec is a senior associate and an attorney-at-law in the Bratislava office specialising in drafting agreements in commercial and trade projects (especially leases, asset deals, share deals, forward deals, etc.) across a wide range of industries as well as in environmental and regulatory laws (incl. energy projects). 

Martina Gavalec also represents clients in litigation, administrative and administrative court proceedings. 
 

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Relevant experience

  • Advising a multinational technology company on usage of e-products in vehicles, including product liability of app developer, mitigations of liability risk and compliance with local laws for in-car safety use.
  • Advising a global logistics solutions engineering company on setting up a legal entity in Slovakia, including respective corporate, labour and tax law issues.
  • Advising one of the Slovak leaders in wood processing on its contractual obligations and respective claims with respect to vis maior and other commercial law aspects.
  • Advising market leader in the field of browser-based and mobile games, on corporate restructuring and related shareholder arrangements between the founders and financial investors.
  • Advising Slovakia’s energy producer on various aspects of corporate liability issues .
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Feed

17/04/2024
CMS advises Austrian Airlines on sale of Austrian Airlines Technik Bratislava
Press release - 17 April 2024An international team of CMS lawyers has provided comprehensive legal advice to Austrian Airlines AG on the sale of the Slovakian company Austrian Airlines Technik Bratislava (ATB) to the Dutch aircraft maintenance provider SAMCO Aircraft Main­ten­ance. Es­tab­lished in 2006, ATB has been offering first-class maintenance services specifically to regional aircrafts. With a closing in early April, CMS supported the company’s successful sale to SAMCO Aircraft Maintenance, which expands its base maintenance footprint in Europe as a consequence. In the course of the acquisition, the CMS team contributed its international expertise on corporate law/M&A matters and also provided extensive legal advice on financing aspects and competition law. "We are excited to have supported Austrian Airlines on this transaction and are pleased that our expertise on cross-border M&A matters contributed to the smooth execution of the deal,” says Alexander Rakosi, partner at CMS and a member of the corporate transactions team in Vienna. The CMS core transaction team consisted of partners Alexander Rakosi and Florian Mayer (both Vienna, Corporate/M&A) and attorney-at-law Martina Gavalec (Bratislava, Corporate/M&A), and was supported by partner Dieter Zandler (Vienna, Antitrust), associate Rebecca Herlitz (Vienna, Corporate), associate Ján Ševčík (Bratislava, Dispute Resolution), and legal trainee Matthias Torggler (Vienna, Corporate Transactions). On the buyer side, BarentsKrans (Netherlands) and Kinstellar (Slovakia) were involved on the transaction.
13/03/2024
CMS Business Breakfast | Navigating the Future: AI and Digital Regulations...
CMS Business Breakfast
11/03/2024
Looking ahead to the EU AI Act
Introduction The European Union is preparing for the imminent adoption of the world’s most significant legislation on Artificial Intelligence, solidifying its position as a pioneer among global legislators. This initiative aims to establish and reinforce the EU’s role as a premier hub for AI while ensuring that AI development remains focused on human-centered and trustworthy principles. To expedite the achievement of these goals, on 8 December 2023, after three days of debate, the European Parliament and the Council of the European Union finally reached a provisional agreement on the “Proposal for a Regulation laying down harmonised rules on artificial intelligence” (the so-called AI Act), which aims to ensure that AI systems placed on the European market are safe and respect the fundamental rights and values of the EU. Subsequent to this provisional agreement, technical refinement of the AI Act continued to finalise the regulation’s details and text. The final vote of the European Parliament on the AI Act will take place at 13 March 2024. Since the European Parliament's Committees on the Internal Market and Consumer Protection (IMCO) and on Civil Liberties, Justice and Home Affairs (LIBE) have endorsed overwhelmingly the proposed text, the approval of the European Parliament can be expected. After a long and complex journey that began in 2021 with the European Commission’s proposal of a draft AI Act, this new regulation is expected to be passed into law in spring 2024, once it has been approved by the European Parliament and the Council of the European Union . The AI Act aims to ensure that the marketing and use of AI systems and their outputs in the EU are consistent with fundamental rights under EU law, such as privacy, democracy, the rule of law and environmental sustainability. Adopting a dual approach, it outright prohibits AI systems deemed to pose unacceptable risks while imposing regulatory obligations on other AI systems and their outputs. The new regulation, which also aims to strike a fair balance between innovation and the protection of individuals, not only makes Europe a world leader in the regulation of this new technology, but also endeavours to create a legal framework that users of AI technologies will be able to comply with in order to make the most of this significant development opportunity. In this article we provide a first overview of the key points contained in the text of the AI Act1This article (including the relevant citations below) is based on the latest draft available on the Council’s website. The AI Act remains subject to possible further refinement, but not as regards content, and the text referred to for this article should be considered as the closest to the one that will be voted on by the EU Parliament. footnote that companies should be aware of in order to prepare for the implementing regulation.
18/12/2023
Digital health apps and telemedicine in Slovakia
Digital Health Apps/Software 1. How is the software within digital health apps classified in your jurisdiction, and what regulation(s) apply? Software within digital health apps (the “DHA Software”)...
Comparable
11/10/2023
Comprehensive guidance for AI businesses
Navigating the EU Artificial Intelligence Act & AI law related topics
15/09/2022
Pharmaceutical advertising regulation and medical device advertising in...
1. Which laws are applicable regarding advertising of medicines and medical devices? The primary legal source is Act No. 147/2001 Coll. on Advertisement, as amended (“Act on Ad­vert­ise­ment”);Act No...
07/06/2022
Adverse effects of drugs and vaccines in Slovakia
1. Drug adverse effects: kinds of responsibility 1.1 Which are the main kinds of responsibility (contractual, in tort, criminal) of the following subjects with respect to adverse drugs reactions? A...
Comparable
29/03/2022
Slovakia: Force Majeure - Hardship in relation to Conflict and Sanctions
1. Is there legislation on war or related sanctions in your legal system? Slovak Act No. 289/2016 Coll. on the implementation of international sanctions (the “Act”) provides, inter alia, legal framework...
Comparable
23/03/2022
Class actions in Slovakia
See the Overview of the Representative Actions Directive >> 1. Do you have a specific procedure or procedures for bringing “opt-in” class actions?  If so, please outline such procedure(s) and...
Comparable
26/01/2022
The most important changes to the Act on Medicines: What should phar­ma­ceut­ic­al...
An extensive amendment to the Act no. 362/2011 Coll. on medicines and medical devices entered into force on 1 January 2022. The amendment also implemented the EU Regulation 2017/746 on in vitro diagnostic...
06/09/2021
Transfer of IP rights in Slovakia
Pat­ents: As­sign­ment 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?  Under the Act No. 435/2001...
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