On September 4, 2025, the Antimonopoly Committee of Ukraine recognized the actions of Berkana+ LLC as a violation of the Law “On Protection against Unfair Competition” in the form of unlawful use of the designation and design of the packaging of dietary supplements “DetraMax”, which are similar to the trademarks and design of the packaging of medicines “DETRALEX”, which were previously used by the company “BIOPHARMA” (France) and LLC “Servier Ukraine”.
The company “BIOPHARMA” (France) and LLC “Servier Ukraine”, which are part of the Servier Group, one of the largest pharmaceutical companies in the world, appealed to the Committee about the identified violation in order to protect their rights.
The Committee agreed that the actions of LLC “Berkana+”, which consisted of the unlawful use of the designation and design of the packaging of dietary supplements under the designation “DetraMax”, could lead to confusion with the activities of the applicants and provide the company with unfair advantages in competition. That is, the consumer may mistakenly identify dietary supplements “DetraMax” with medicines “DETRALEX”, the latter of which, in particular, have a confirmed therapeutic effect, have passed state registration as medicines, appropriate testing and quality control.
This was confirmed by the results of a consumer survey conducted by the Committee, as well as the results of the commission’s examination in the field of intellectual property provided by the applicants.
LLC “Berkana+” was fined 150 thousand UAH (4 thousand USD).
At the same time, the Committee took into account that Berkana+ LLC acknowledged and terminated the violation, in particular by recalling the products in the disputed design and their subsequent disposal, and also cooperated with the Committee within the framework of the consideration of the case.