Supreme Court sends Corvalol Corvalolum case to Grand Chamber
The Supreme Court has sent a case opened vis-à-vis the well-known medicine brand Corvalol Corvalolum to the Grand Chamber of the Supreme Court.
This decision was taken by the court on Tuesday, Head of the Legal Department of PJSC Farmak, lawyer Dmytro Taranchuk has told Interfax-Ukraine.
Having taken this decision, the Supreme Court granted the request of a third party – PJSC Farmak – on sending the case to the Grand Chamber of the Supreme Court.
"This is a lawful decision and was taken in line with all procedural requirements; it will provide an impartial and objective consideration of the case," the lawyer said.
As reported, the appeal chamber of Ukraine's Economic Development and Trade Ministry on June 20, 2017, declared the Corvalol Corvalolum trademark used by PJSC Farmak as a well-known one.
Kyiv-based Darnitsa pharmaceutical firm in turn seeks the legal right to produce its own medicine, Corvalol. The firm appealed to the business court of Kyiv seeking to declare the decision of the ministry unlawful. The court of lower instance dismissed Darnitsa's lawsuit, while Kyiv's business court of appeals upheld the firm's counterclaim.
Farmak declares that the name "Corvalol," which has been produced since 1960, belongs to the company, as the medication was created in 1960 by Lomonosov Kyiv Chemical-Pharmaceutical Plant, and Farmak is the legal successor of the plant.
Since 1991, PJSC Farmak has been the only manufacturer of this medication in the post-Soviet space. The trademark Corvalol is protected in 15 countries of Europe and Central Asia: Germany, Poland, Lithuania, Latvia, Belarus, Moldova, Romania, Bulgaria, Turkmenistan, Armenia, Georgia, Azerbaijan, Tajikistan, Kyrgyzstan, and Kazakhstan.
Darnitsa pharmaceutical firm is one of the ten largest pharmaceutical producers in Ukraine and belongs to the top ten hospital suppliers. The ultimate beneficiary is Hlib Zahoriy.
PJSC Farmak is among Ukraine's top three pharmaceutical producers and is a member of the Association Manufacturers of Medications of Ukraine (AMMU). PJSC Farmak's beneficiary is Chairperson of PJSC Farmak's supervisory board Filia Zhebrovska.