On appeal claim of Darnitsa Pharmaceutical Firm, Kyiv Commercial Court of Appeal cancelled judgement of the Appeals Chamber of the Ministry of Economic Development of Ukraine recognizing “СORVALOL CORVALOLUM” a well-known mark.
The Court of Appeal significantly violated the substantive and procedural law, as well as failed to ensure proper and objective legal proceeding and evaluation of evidence that resulted in such a judgement and cancel of the Kyiv Commercial Court’s judgement completely dismissing the claim of Darnitsa Pharmaceutical Firm.
The motions of both the defendant – the Ministry of Economic Development and the third party – Farmak JSC were also dismissed, evidencing biased proceedings in the appellate instance.
“It’s worth noting that Farmak JSC submitted to the Appeals Chamber of the Ministry of Economic Development of Ukraine all the information confirming the factors specified in clause 2 of Art. 25 of the Law“On the Protection of Rights to Marks for Goods and Services” for the mark “Corvalol Corvalolum” to be recognized well-known in Ukraine. In its judgement, the MEDU Appeals Chamber lists the documents which were evaluated in aggregate, and based on which the latter concluded on existence of the information confirming, in particular, such factors as duration, volume and geographic area of the mark promotion, as well as duration and geographic area of any registrations and / or applications for registration of the mark”, said D. Taranchuk, Head of the Legal Department, Farmak JSC.
The mark “Corvalol Corvalolum” has always been used only by Farmak JSC and is currently used to designate a soporific, antispasmodic and cardiologic drug, that is completely confirmed by the documents containing the respective information.
Historically, “CORVALOL”, which has been manufactured since 1960, is owned by Farmak. “Corvalol” was developed by Lomonosov Kyiv Chemical and Pharmaceutical Plant, which legal successor is Farmak JSC.
In Ukraine, the right to use the name “Corvalol” has been protected since 1993. In 2004, it was recognized a well-known mark. Farmak’s portfolio comprises 4 well-known marks: “CORVALOL”, “VALIDOL”, “AMIZON” and “CORVALOL CORVALOLUM”.
“During the hearing, the court dismissed the motions lodged by Farmak JSC, significantly violating the norms of the substantive law, and failed to properly evaluate all evidence, that resulted, in my opinion, in miscarriage of judgement. Darnitsa’s appeal was satisfied and the judgment of the first-instance court, initially dismissing Darnitsa’s claim, was cancelled. Further, there was rendered a new judgment cancelling the judgement of the MEDU Appeals Chamber on recognition of “Corvalol Corvalolum” a well-known mark in Ukraine since 2002. The matters related to the appeal were considered partially; evidence was not investigated; legal claims of the third party’s representatives were ignored”, added Dmytro Taranchuk, Head of the Legal Department, Farmak JSC.
Farmak JSC believes that the judicial panel rendered the judgment with significant violations of the substantive and procedural law.
Currently, Farmak JSC intends to appeal this judgment in the Supreme Court.
The name “Corvalol Corvalolum” is well-known to consumers and has been a designation used in labelling of the medicinal product since 1991. Preparation for manufacturing of “Corvalol Corvalolum” was initiated by Lomonosov Kyiv Chemical and Pharmaceutical Plant, whose legal successor is Farmak JSC. The drug name was invented by employees of the Central laboratory of Lomonosov Plant (the drug was developed by Senior Chemist V.Ya. Yakovleva). The first batch of the medicinal product “Corvalol” was released under the order of Lomonosov Plant dd. 15.10.1960. Since then, Lomonosov Plant was the only manufacturer of «Corvalol» in the former USSR; since 1991 to date, it has been the only manufacturer of this medicinal product under “Corvalol” trademark in the countries of the former Soviet Union. Furthermore, “Corvalol” trademark is protected in 14 countries of Europe and Central Asia. The use of the mark “Corvalol Corvalolum” is generally confirmed by packaging for the period from 1991 to 2002 inclusive, as well as by the product information regularly published in specialized periodicals, encyclopedias and reference books. Specifically, the medicinal product is mentioned in the Abridged Medical Encyclopedia (Soviet Encyclopedia Publishing House, Moscow, 1990), in Vidal reference book “Medicines in Russia” (1997); “Medicines. Manual for Physicians” (Torsing Publishing House, Kharkiv, 1997) and others.
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