JSC “Farmak” addresses an open letter to Pharmaceutical company Darnitsa because of the situation concerning the litigation related to intellectual property rights to the well-known trademark “Corvalol Corvalolum”.
It is worth reminding that the dispute between the parties over the name of the popular medicinal product has been running since 2005. On June 2, the Supreme Court referred the case to the first-instance court for new examination. Thus, after 15 years of litigation, the dispute was not resolved, but launched in a new circle. It is difficult to predict when a final verdict is delivered.
Farmak will continue to protect its legitimate rights to the well-known trademark “Corvalol”, using all legal remedies. At the same time, we believe that Farmak and Darnitsa, as the leading domestic manufacturers of medicinal products with the European vector of development, are able to compete honestly in the market, and not to engage in the endless litigation.
It is worth reminding that Farmak, as a legal successor of Lomonosov Kyiv Chemical and Pharmaceutical Plant, created the name “Corvalol” more than 60 years ago. All this time, the company has invested intellectual, human and property resources in maintaining the high quality and effectiveness of the medicinal product under this brand. Farmak has made the trademark “Corvalol” well known in Ukraine, as well as popular in more than 16 countries.
Neither Ukraine, nor any other country of the world has monopoly on this product. Every manufacturer may release it under its own brand.
Farmak highlights the need to adhere to the principles of fair competition in the market and not to use the designations created by others. We are sure that Pharmaceutical company Darnitsa, which is experienced in litigation to protect its intellectual property rights in designations, shares this position.
Therefore, we propose Pharmaceutical company Darnitsa to choose its own name for the medicinal product which is not similar to the trademark “Corvalol” manufactured by JSC “Farmak”. At the same time, the resources that the company spends on litigation, may be used for the popularization of this product, which, we believe, will become a real competitor for the “Corvalol” brand.
Such scenario will demonstrate to all stakeholders that the pharmaceutical market in Ukraine is civilized and the intellectual property rights are respected in the country. This, in turn, is a necessary condition and the best example for raising investments in the sector. Conversely, we believe that the prolonged proceedings regarding the “Corvalol” brand, which have gone beyond all reasonable deadlines, are detrimental to the investment climate of the state.
We call upon Pharmaceutical company Darnitsa to demonstrate its willingness to find a compromise for the sake of the European future of Ukraine.
In Ukraine, as elsewhere in the world, the pharmaceutical industry is now at the forefront, and people need quality, effective and affordable medicinal products, therefore the pharmaceutical companies are working for the benefit of the country and its each resident.
