The Grand Chamber of the Supreme Court of Ukraine has sent the dispute over the Corvalolum well-known brand to the court of lowest instance for repeated hearing and partially satisfied cassation claims of the Economic Development and Trade Ministry of Ukraine and PJSC Farmak, annulling the ruling of the appeal court and the ruling of the court of lower instance.
Earlier, the Kyiv business court of appeals under the counterclaim of PrJSC Darnitsa Pharmaceutical Firm revoked the decision of the Appeals Chamber of the Ministry of Economic Development and Trade recognizing the designation Corvalolum as well-known.
“PJSC Farmak stands for civilized competition and for many years it has been defending its rights to the Corvalolum well-known brand. We defend our right only to the brand designation,” Farmak Legal Director Dmytro Taranchuk said.
He said that “the medicine itself and its components are not protected by a patent, and it is not protected in Ukraine from the point of view of intellectual property.”
“A similar medicine can be produced by any manufacturer who will prove its quality and effectiveness and undergo all the required licensing procedures. But under a different name, under its own brand,” the lawyer said.
