The preparatory hearing in the case regarding the well-known trademark Corvalol Corvalolum was held on August 28. The court considered the motion of the plaintiff PJSC Pharmaceutical Firm “Darnitsa” for involving JSC “Farmak” as a co-defendant in the case and the request of JSC “Farmak” for attaching the conclusion of sociological survey of consumers regarding Corvalol Corvalolum as evidence in this case.
Both requests were granted in full.
The preparatory hearing was postponed until September 04, 2019.
“JSC “Farmak” defends its exclusive right to the well-known trademark Corvalol Corvalolum. Regarding the Unified State Register of Well-Known Trademarks. According to the current legislation of Ukraine, there is no Unified State Register of Well-Known Trademarks, there is only a List that is kept by the authorized institution. Today, the well-known trademark Corvalol Corvalolum is valid regardless of the presence or absence in the List, thus, the decision of the Appeals Chamber of the Ministry of Economic Development and Trade of Ukraine of 20.06.2017 on the recognition of the trademark Corvalol Corvalolum as well-known trademark in Ukraine in the name of Joint Stock Company “Farmak” for the 5th class goods in ICGS as of 01.12.2002, as well as Order of the Ministry of Economic Development and Trade of Ukraine No. 1037 of 19.07.2017 are valid and not cancelled. Instead, the mentioned decision and order are those, which have become effective from the date of their adoption, and remain valid”, said Director of Legal Support of JSC “Farmak” Dmytro Taranchuk
Pursuant to clause 7.6 of the Procedure for recognition of the mark as well-known in Ukraine by the Appeals Chamber of the State Department of Intellectual Property, approved by Order of the Ministry of Education and Science of Ukraine No. 228 of 15.04.2005 (“Procedure”), the Decision of the Appeals Chamber, delivered following the consideration of the application, shall become effective upon its approval by order of the State Service.
Pursuant to clause 7.8 of the Procedure the Mark, recognized as well-known in Ukraine by the decision of the Appeals Chamber, shall be entered into the List of marks, recognized as well-known in Ukraine by the Appeals Chamber of the State Intellectual Property Service of Ukraine (“List”), kept by the State Service. The List includes data on: – effective date of the decision recognizing that the mark has become well-known in Ukraine; – date on which the mark has become well-known in Ukraine; – full name, location of the legal entity – owner of the mark; surname, name, patronymic, place of residence of an individual – owner of the mark; – image of the mark; – list of goods and/or services, for which the mark was recognized as well-known in Ukraine.
Therefore, the effect of the rights to a well-known mark arises from the moment of approval of the decision of the Appeals Chamber by the order of the Ministry of Economic Development, and not from the moment of entering information about such mark into the List.
BACKGROUND INFORMATION:
JSC “Farmak” has been established on the basis of Lomonosov Kyiv Chemical and Pharmaceutical Plant, specialized in manufacturing of pharmaceutical substances and radiopaque contrast agents in the territory of the former Soviet Union.
A new stage of the company’s development began after the transformation of the chemical plant into a robust pharmaceutical company manufacturing finished dosage forms in 1995.
Preparation for manufacturing of Corvalol was initiated by Lomonosov Kyiv Chemical and Pharmaceutical Plant, the successor of which is JSC “Farmak”.
The medicinal product was developed by Senior Chemist V.Ya. Yakovleva. The first batch of Corvalol was released under the order of Lomonosov Kyiv Chemical and Pharmaceutical Plant dated October 15, 1960.
Since then, Lomonosov Kyiv Chemical and Pharmaceutical Plant has been the only manufacturer of Corvalol in the territory of the former USSR.
Since 1991, JSC “Farmak” has been the only manufacturer of this medicinal product in the former Soviet Union.
