The dispute over the trade mark “Corvalol”: “Farmak” suggested a way the company “Darnitsa”

Спор вокруг торговой марки «Корвалол»: «Фармак» предложил выход фирме «Дарница»

JSC “Farmak” has addressed an open letter to the pharmaceutical firm “Darnitsa” in connection with the situation around litigation regarding intellectual property rights the well-known brand “Corvalol Corvalolum”. “Farmak” offers “Darnitsa” make your own name of the drug, instead of having to use someone else’s. And send the money to the money that “Darnitsa” spends on the courts.

The text of the letter published on the website of JSC “Farmak”.

The dispute between the parties regarding the names of popular drug lasts since 2005. On June 2 the Supreme court once again returned business on new consideration to court of the first instance. So, after 15 years of litigation the dispute is not settled, and started on a new circle. It is difficult to predict when the court will make the final verdict.

Company “Farmak” has declared, that will continue to protect their legitimate rights in the mark “Corvalol” using all legal remedies.

“However, we believe that “Farmak” and “Darnitsa” as leading domestic manufacturers of medicinal products in the European vector of development able in good faith to compete in the market and not engage in endless litigation,” the letter reads.

It is noted that “Farmak” as the successor of the Kyiv chemical-pharmaceutical plant. M. Lomonosov created the name “sage” for more than 60 years ago. All this time the company has invested intellectual, human and property resources to maintain high quality and efficiency of the drug under this brand. Thanks to the Farmak brand “sage” is well known in Ukraine, but also popular in more than 16 countries.

Monopoly on this drug neither in Ukraine nor in the world. Every manufacturer can release it under their own brand.

“Farmak” stresses the need to respect the principles of fair competition in the market and not to use other designations. We are sure that the pharmaceutical firm “Darnitsa”, which has experience of litigation to protect its intellectual property rights in signs, shares this position.

“Therefore we provide a pharmaceutical firm “Darnitsa” choose your own names for your drugs that is not similar to the trademark “Corvalol” of JSC “Farmak”. At the same time, the resources that the company spends on litigation, can be directed to the popularization of this drug, which we are convinced will become a real competitor for the brand “Corvalol”.

This scenario will demonstrate to all stakeholders that the pharmaceutical market in Ukraine is a civilized country and respect the rights of intellectual property. And this, in turn, is a necessary condition and the best example for attracting investments in the sector. Conversely, we believe that long-term the case for brand “Corvalol” which has already gone beyond all reasonable deadlines, detrimental to the investment climate of the country.

We encourage the pharmaceutical firm “Darnitsa” to demonstrate their willingness to 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 high quality, effective and affordable drugs, so pharmaceutical companies are working in the interests of the country and every resident,” the letter reads.

The Verkhovna Rada

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