Since 2016 Ukrainian company Kreoma Pharm has filed lawsuits against Russian company TNK Silma, accusing it of violating patent and copyright rights for pharmaceutical product Enterosgel, reported the press release sent to Izvestia.
It is noted that the Ukrainian side demands to ban the medicine and its production and to withdraw all available product volumes and equipment. The courts rejected the claim of the Ukrainian company, but abuses of the Russian manufacturer of absorbent still run on. It is reported that a competitive firm is trying to “slander” the reputation of a well-known Russian product in the opinion of distributors and consumers.
“Thus, the“ intellectual raiders ”plan to deprive more than 500 people of their work, the tax budget of Russia - multi-million payments, and Russian citizens - of the possibility to use the medicine Enterosgel which is necessary to a good many of them, - a letter from the vice-president of Оpora Russia, Natalia Gold , is quoted in a press release , which was sent to the Commissioner for the Rights of Entrepreneurs , Boris Titov.
The letter notes that Kreoma Pharm is trying to drive the Russian company out of the conquered markets, making unreasonable claims. Thus, a competitor is trying to challenge the issuance of a patent in the Federal Service for Intellectual Property.
"And even after getting legal waiver it continues to litigate in the court for intellectual rights," the appealing adds.
Due to this fact, the Russian company was forced to represent its interests in all instances of the Arbitration Court and bear the costs of legal representation. The court charged court costs in the amount of about 1 million rubles from the Ukrainian side in favor of the Russian drug product manufacturer, but the organization refuses to pay the funds voluntarily, and it does not have any accounts or property for which executive measures could be paid in Russia.
“Impunity gives rise to new claims of Kreoma Pharm, now already laid on the territory of Poland,” added Gold.
According to Alexander Lobakov, the managing partner of Novus Capital, such an onslaught may be explained by the uniqueness of the pharmaceutical product produced in Russia, which is represented in the EU countries, Great Britain, Australia and New Zealand.
Enterosgel takes 35% in the intestinal absorbent market segment, being one of the few original products on the Russian market that is registered outside the Russian Federation. It confirms that the drug has a high-quality clinical research base and proves a decent assessment of the drug by regulators and patients in export markets. The situation itself looks more like the desire of the Ukrainian company to fight for the market at the expense of the Russian manufacturer of Enterosgel, ”he said.
Igor Skripka, chairman of the Moscow Bar of Skripka, Leonov and Partners, noted that this situation is not unique, however the number of lawsuits of this kind in the Russian Federation is small.
“First of all, this is due to the fact that disputes going to the judicial stage are usually associated with the participation of large companies, since the ultimate goal of such a dispute is financial compensation, which the Ukrainian side is apparently trying to achieve,” the lawyer concluded.
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