The Antimonopoly Committee of Ukraine imposed a fine of UAH 10.191 million ($364 thousand) on Pharmaceutical Company Zdorovye LLC for packaging of its drug Citramon-Zdorovye very similar to that used by the competitor Darnitsa Pharmaceutical Firm CJSC for the drug Citramon-Darnitsa.
The Committee found that Darnitsa Pharmaceutical Firm, earlier than Pharmaceutical Company Zdorovye, had begun to use appropriate packaging design for its products.
In addition, Darnitsa promoted its own products, which, among other things, consisted of ordering advertising services with original packaging design on television, internal advertising media, print media, radio, and the Internet, etc. During this time, Darnitsa Pharmaceutical Firm has obtained an appropriate business reputation and formed a positive image of its product.
The Committee analyzed the available case materials and concluded that it is possible to mix two packs of Citramon and that there was a violation in the actions of Pharmaceutical Company Zdorovye.
It is worth noting that the companies have also been in litigation for more than three years regarding the cancellation of registration for Citramon-Zdorovye trademark. In 2020, the case was sent back by the Supreme Court for reconsideration. The victory in the first instance was also won by Darnitsa Pharmaceutical Firm.