Ukrainian Drug Manufacturer Fined for Unfair Competition

The Ukrainian Antimonopoly Committee has recently imposed a fine of EUR 295,000 (USD 360,000) on the Ukrainian pharmaceutical company Zdorovye LLC for violating the Ukrainian competition protection legislation by using a confusingly similar packaging design as its competitor. Ukrainan drug manufacturer Darnitsa Pharmaceutical Company PrJSC initiated the proceedings, claiming that Zdorovye designed the packaging for its Citramon-Zdorovye tablets as a copy of Darnitsa’s Citramon-Darnitsa, a well-known pain relief medicine among the average consumers in Ukraine.

During the proceedings, it was established that Darnitsa began using its packaging design earlier than Zdorovye and that Darnitsa effectively promoted their product using TV, radio, point of purchase, print and online advertising. It was noted that these factors contributed to Citramon-Darnitsa enjoying a high level of recognition and a good reputation among consumers. The Antimonopoly Committee concluded that similar packaging designs may cause a likelihood of confusion and ordered Zdorovye to stop using the deceptive packaging.

The two pharmaceutical companies were also involved in a trademark infringement battle from 2017 until December 2, 2020, when the Kyiv City Commercial Court declared the Citramon-Zdorovye trademark invalid.

Prepared by: Valentyna Martynenko

For more information, please contact ukraine@petosevic.com.

Source: The Ukrainian Antimonopoly Committee website