On October 30 the next court hearing was held in the case regarding the well-known trademark Corvalol Corvalolum. During the court hearing, after having heard the parties’ arguments and a complete and unbiased analysis of the case-file, the Economic Court ruled to dismiss the claim of Pharmaceutical Firm “Darnitsa” against the Ministry of Economic Development and Trade in full. It proves that the decision of the Appeals Chamber of the Ministry of Economic Development and Trade on recognition of Corvalol Corvalolum trademark as well-known is legal, well-founded and complies with all requirements of the current legislation of Ukraine.
The decision of the Economic Court will enter into force in the manner prescribed by the legislation of Ukraine.
It is worth reminding that in April 2017, JSC “Farmak” filed an application to the Appeals Chamber of the Ministry of Economic Development and Trade to recognize Corvalol Corvalolum as well-known trademark in Ukraine in the name of OJSC “Farmak” as of December 1, 2002, whereof order No. 1037 of July 19, 2017 was issued by the Ministry of Economic Development and Trade.
Pharmaceutical Firm “Darnitsa” (Kyiv) appealed to the Economic Court of Kyiv requesting to declare this decision of the Ministry of Economic Development and Trade as invalid, in particular motivating the stated claims by the fact that the popularity of the trademark was not confirmed by the actual data and evidence contained in the case-file of the Appeals Chamber of the Ministry of Economic Development and Trade.
“JSC “Farmak” stands for a civilized competition and has been defending its rights to the well-known trademark Corvalol Corvalolum for many years. We defend our right only to the designation – the brand. The medicinal product itself and its components are not patented, and it is not protected in Ukraine in terms of intellectual property. A similar medicinal product may be produced by any manufacturer, who will prove its quality and effectiveness and undergo all the necessary licensing procedures. But under a different name, under its own brand”, said Director of Legal Support of JSC “Farmak” Dmytro Taranchuk.
BACKGROUND INFORMATION
In the middle of 20th century, Lomonosov Kyiv Chemical and Pharmaceutical Plant, succeeded by JSC “Farmak”, decided to develop technologies and create a cardiovascular medicinal product similar to Valocordin that was manufactured in Germany. The medicinal product was developed by Senior Chemist V.Ya. Yakovleva. The first batch of Corvalol was released in 1959. Since then, Lomonosov Kyiv Chemical and Pharmaceutical Plant has been the only manufacturer of Corvalol in the territory of the former USSR. Since 1991, PJSC “Farmak” has been the only manufacturer of this medicinal product in the former Soviet Union. Furthermore, Corvalol trademark 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. The use of the trademark Corvalol Corvalolum is generally confirmed by packaging for the period from 1991 to 2001 inclusive.
