Сourt Judgement in the Case of Espumizan Trade Mark Enforced

The case interesting not only for the pharmaceutical market, but also for the legal community is finished and the judgement is delivered.

In October 2017, the Higher Commercial Court by its judgement resolved the dispute on Espumizan trade mark protection, however the dispute was not ended there.

The Supreme Court of Ukraine composed of the Cassation Commercial Court bench, its resolution as of February 14th, 2018 refused to review the resolution of the Higher Commercial Court.

However, the case was continued at enforcement. The court considered issues on interpretation of the judgement and impossibility of its enforcement, and also challenged actions of the state enforcement agent.

Producer of medicinal products, registration of which was subject to cancellation, tried to avoid costs and adverse effects which would happen due to cancellation of the medicinal product registration, by means of changing the name. However, comprehensive and profound approach to claims made it possible to finish the case and deliver the judgment.

Upon refusal to satisfy the presented claims, on February 9th, 2018 the Ministry of Health of Ukraine adopted an order which invalidated registration certificates for medicinal products whose names are similar to Espumizan trade mark and excluded the medicinal product from the State Register of Medicinal Products and inter-agency database.

Thus, today we can speak about end of the dispute which has been lasting for 5 years.

Let us remind you that the dispute has been considered by courts since March 2013. During this time, based on different grounds the case was 3 times reviewed in cassation. However, legal position of partner Illya Kostinand counsel Natalia Lavrenova, Legal Alliance Company intellectual property practice lawyers who represented the Client, were supported by the Higher Commercial Court of Ukraine.