The Supreme Court passed the final decision on “Corvalol” in favor of “Darnitsa”

Following the results of the meeting on January 18, the Supreme Court satisfied the complaint of the pharmaceutical company “Darnitsa” and canceled the recognition of the trademark “Corvalolum” by “Farmak” as well-known in Ukraine.

The extended panel of the Supreme Court agreed with the arguments of “Darnitsa” that the decision of the Appeals Chamber of the Ministry of Economy to grant the trademark “Corvalolum” by the company “Farmak” the status of well-known, is illegal.

Previously, “Farmak” tried, but unsuccessfully, to contest the right of “Darnitsa” to own its own brand “Corvalol-Darnitsa” precisely on the basis of the Ministry of Economy granting the designation of “Corvalol Corvalolum” the status of a well-known trademark of “Farmak”. But at that time the Supreme Court also ruled in favor of “Darnitsa”, whose lawyers insisted on preventing a monopoly on the popular sedative drug, and confirmed the right of “Darnitsa” to produce it under the brand name Corvalol-Darnitsa.

The verdict of the highest instance court on the illegality of the decision of the Appeals Chamber of the Ministry of Economy regarding “Corvalol Corvalolum” actually puts an end to Farmak's claims, as it is final and not subject to appeal.

“This is an important precedent for Ukrainian judicial practice, since no one has yet been able to overturn in a court of law any decision of the Appeals Chamber regarding the recognition of trademarks as well-known,” emphasized Tetiana Kudrytska, lawyer of “Darnitsa”, partner of Aequo. – This precedent will strengthen the effectiveness of the protection of intellectual property rights, as discretionary powers should not be used by public authorities arbitrarily, and be based on contradictory or irrelevant evidence (as it happened with the decision on “ Corvalol Corvalolum”)”.

 The dispute between the pharmaceutical companies “Darnitsa” and “Farmak” began in 2004, when representatives of “Farmak” attempted to obtain exclusive rights to the production of “Corvalol” in Ukraine. Since that time, “Darnitsa” has consistently worked to prevent the monopolization of both the drug formula and the brand rights. In particular, in 2011, and then in 2019, the court confirmed the company’s right to own the “Corvalol-Darnitsa” trademark.