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AMCU Imposes a Ban on Zdravopharm LLC to Sell the Counterfeit Enterosorbent

News date: 1 November 2017

On October 24, 2017 the administrative panel of Kharkiv Regional department of Antimonopoly Committee of Ukraine, within a review of the case No. 3/20-78-17 on violation by Zdravopharm LLC of the laws on protection against unfair competition, took a preliminary decision No. 147 – р/к on imposing a ban on Zdravopharm LLC to sell a dietary supplement “Біле вугілля – Здравофарм” (“White coal-Zdravopharm” in English) to third persons and final consumers. Within 15 days from the receipt of the decision of the AMCU Zdravopharm LLC must assume exhaustive measures to stop circulation of dietary supplement named “Біле вугілля – Здравофарм”.

We would like to remind that relevant state authorities of Ukraine, which are responsible for counteraction of illicit circulation of counterfeit products and prevention of unfair competition, are investigating a number of cases on termination of distribution of the product named “Біле вугілля – Здравофарм”. The marking of packaging of the mentioned products reproduces the design of the original sorbent – a medicinal product “Біле вугілля®” (English name “Carbowhite”), produced by OmniFarma Kyiv LLC, which misleads and deceives the consumers.

“The panel of Kharkiv Regional department of Antimonopoly Committee of Ukraine established that the actions of Zdravopharm LLC carry the signs of violation of the laws on protection against unfair competition, and are represented by the use of the designation “Біле вугілля” in the course of the performance of the commercial activities without the permit (authorization) of OmniFarma Kiev LLC which had earlier started using such name in its business activities, – commented Irina Kirichenko, patent attorney of Ukraine, a lawyer at Ilyashev & Partners Law Firm, – The composition and the fabrication method of the original sorbent “Біле вугілля®” are protected by the patents of Ukraine. The trade mark has been registered by the patent authorities of the majority of European countries and was acknowledged as a well-known mark since January 01, 2011“.

According to Irina Kirichenko there is an ongoing investigation in the case of “Біле вугілля – Здравофарм” (No. 12017100000000782, the date of introduction of information into the Unified Register of Pre-trial Investigations July 21, 2017) which was initiated by the Chief Administration of the National Police in Kyiv under the complaint of OmniFarma Kyiv LLC under the signs of a criminal offence stipulated by part 3 the Article 321-1 of the Criminal Code of Ukraine (production, storage with the aim of sale and sale of counterfeit drugs in an especially large amounts). “We hereby ask all the operators of Ukrainian pharmaceutical market to exercise especially great caution towards the products purchased for further retail sale, in order to avoid involvement into circulation of falsified sorbent “Біле вугілля” with all the consequent legal implications”, – Irina Kirichenko underlined.