ARZINGER has successfully defended the intellectual property rights of the multinational pharmaceutical group SERVIER

ARZINGER Successfully Defends the Intellectual Property Rights of the Global Pharmaceutical Group Servier

The ARZINGER Intellectual Property practice team has successfully defended the interests of the SERVIER group of companies before the Antimonopoly Committee of Ukraine (AMCU) in a case involving the unlawful use by a third party of the designation and packaging design of the dietary supplements “DetraMax,” which were confusingly similar to the trademarks and packaging of the medicinal products “DETRALEX®,” owned by the SERVIER group.

A key challenge in the case was the protection of intellectual property rights against the imitation of product appearance and the prevention of unfair competition practices that could mislead consumers.

The ARZINGER Intellectual Property & Technology team developed a comprehensive strategy that included meticulous preparation of evidence and substantiation for a well-grounded application to the AMCU, supported by multiple evidentiary tools.

According to the AMCU’s decision, the use of the “DetraMax” designation and packaging design, resembling the “DETRALEX®” brand, created a risk of a false association for consumers regarding the manufacturer and the product category (dietary supplement vs. medicinal product). This could result in consumers mistakenly equating dietary supplements with medicinal products, which have verified therapeutic effects and undergo state registration.

Taking into account the evidence and arguments provided by the applicant, the AMCU found the actions of Berkana+ LLC to constitute a violation of Article 4 of the Law of Ukraine “On Protection Against Unfair Competition” and imposed a fine.

This decision is among the first adopted under the updated rules for reviewing unfair competition cases and the new methodology for calculating fines, setting an important precedent for future cases.

This outcome is not only a victory for the SERVIER group but also a significant step toward protecting consumers from misleading practices and strengthening the culture of respect for intellectual property rights.

The full decision is available at the link.

The project was implemented under the leadership of Partner Kateryna Oliinykwith the participation of the Intellectual Property & Technology team: Senior Associate Ihor Shyshko, Junior Associate Milien Martyniuk, and former Junior Associate Dmytro Otsaliuk.