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The Supreme Court confirms the Trademark License of ‘Corvalol-Darnitsa’

13 July 2022

Darnitsa Pharmaceutical Company once again proved in the Supreme Court that it has the right to own the trademark "Corvalol-Darnitsa"*, which another pharmaceutical manufacturer, Pharmak Company, has been trying to appeal for more than a year.

On June 30, the Supreme Court considered the cassation appeal of Darnitsa against the decision of the Court of Appeal, which allowed a second trial, previously decided in favor of Darnitsa. The panel of judges of the Supreme Court decided that the "new circumstance" referred to by the representatives of Pharmak Company (recognition of another trademark belonging to Pharmak well-known) is not a reason for retrial.

‘A special character of retrial based on newly discovered circumstances does not involve re-evaluation of all the evidence in the case, re-examination of all the circumstances of the case. The court should review the court decision only within the limits of the discovered circumstances, having checked the presence or absence of grounds for the conclusion that the consideration of such circumstances would be extremely important in settling the dispute,’ the Supreme Court's conclusion states.

So, the Supreme Court confirms the Decision of Kyiv Commercial Court, which dismissed the claim of Pharmak to Darnitsa and the Ukrainian Institute of Intellectual Property on trademark ‘Corvalol-Darnitsa’.

This claim is another attempt of Pharmak Company to challenge the non-property rights of Darnitsa for trademark ‘Corvalol-Darnitsa’. Pharmak representatives have been trying to claim exclusive rights for Corvalol since 2005. Throughout the entire time, Darnitsa Company has been constantly struggling to prevent a monopoly on Corvalol and any forms of its release, in order to maintain the availability of this drug for every social group.

In 2011, the Court recognized the right of Darnitsa Company to manufacture Corvalol under its own trademark for the first time. In 2020, the court satisfied the Company's claim to recognize Corvalol-Darnitsa as a well-known trademark for goods and services in Ukraine in order to prevent the production of pirate goods and illegal distribution of licensed pharmaceutical products. Now the right of Darnitsa Company for the trademark Corvalol-Darnitsa has been finally confirmed by the decision of the Supreme Court.

* Corvalol-Darnitsa RP No. UA/14817/01/01

The above information is intended exclusively for distribution in specialized publications for medical institutions and doctors and for presentation at medical conferences and seminars

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