News date: 18 October 2010
On October 4, 2010, Kyiv Commercial Court of Appeal upheld the decision of Kyiv Commercial Court dated June 1, 2010, in the case on protection of rights to the trademark Chondroxide of Nizhpharm OJSC, which fully satisfied the claim of Nizhpharm OJSC against Farmak OJSC and the State Department of Intellectual Property of the Ministry of Education and Science of Ukraine.
The cause of dispute was use by Farmak OJSC of name of medicinal product “Chondrasil” similar in name to “Chondroxide” for medicinal product – cartilage protector, which has a similar composition and is produced in the same pharmaceutical form as the original medicinal product. At the beginning of this year the mark “Chondrasil; ХОНДРАСИЛ” was registered as a mark for goods and services according to the certificate of Ukraine No. 118352 dated February 10, 2010 issued in the name of Farmak OJSC.
Commenting on the resolution of Kyiv Commercial Court of Appeal and the decision of Kyiv Commercial Court, Roman Marchenko, Senior Partner of Ilyashev & Partners Law Firm, said: “The Court considered the case perfectly from the legal viewpoint by confirming that the exclusive right of intellectual property is the only legal monopoly in the civilized countries. Deciding on the full satisfaction of claims of Nizhpharm OJSC aimed at protecting its brand CHONDROXIDE the court, as prescribed by the recommendations of the Presidiums of the High Commercial Court and the High Court of Arbitration of Ukraine, assessed comprehensively the conclusions of a forensic expert with the additional explanations and accepted them as appropriate evidence in the case”.