Supreme Court Prohibited the Manufacturing of Citramon-Zdorovia20 March 2019
The Supreme Court of Ukraine satisfied the claim brought by the PrJSC “Pharmaceutical Firm “Darnitsa” against the LLC “Pharmaceutical Company “Zdorovia” for the prohibition of the manufacturing and sale of the medicinal product “Citramon-Zdorovia”.
The court held invalid the registration of the medicinal product “Citramon-Zdorovia”. This means that the medicinal product shall be withdrawn from the shelves of pharmacies and may not be manufactured and sold both in Ukraine and abroad.
The ground for the claim of “Darnitsa” was the violation of the company’s rights to “Citramon” trademark. The medicinal product “Citramon-Zdorovia” has high similarity to “Citramon-Darnitsa” medicinal product protected by Certificate N161029. The owner and manufacturer of the medicinal product “Citramon-Darnitsa” is the PrJSC “Pharmaceutical Firm “Darnitsa”.
In the retail network of Ukraine there is a number of “Citramons”, but they do not pose a threat for the Pharmaceutical Firm “Darnitsa”, since they are sold in certain provinces and differ by the appearance of the packing from “Citramon-Darnitsa”. While “Citramon-Zdorovia” was sold in the same places where the product manufactured by “Darnitsa” is and the appearance of its packing copied the white and green color scheme of “Citramon-Darnitsa”.
The court cancelled the decision of the Ministry of Health on registration of the medicinal product on the basis of the Certificate of Mark for Goods and Services what is a precedent and an important sign for the business and foreign investors. It means that intellectual property rights can be effectively defended through courts.
Based on the results of the years 2017 and 2018, “Citramon-Darnitsa” was recognized as the “The Medicine of the Year for Headache” among medicinal products of domestic and foreign manufacture. (According to the all-Ukrainian marketing research of consumer preferences representative for the adult population aged 18+, carried out by Kantar TNS Ukraine).
“Citramon” is an analgesic, blood-thinning, anti-inflammatory and anti-pyretic medicine manufactured in the form of pills. It is used for headache and cold-related diseases.