The Supreme Court overturned the decision of the court of appeals, which annulled the imposition of a fine on the pharmaceutical company “Zdorovya” for using a similar outer packaging of the drug “Tsytramon-Darnytsia” during the production of its own product – “Tsytramon-Zdorovya” pills.
The Antimonopoly Committee of Ukraine established that the packaging of both drugs is similar to the degree of mixing. This fact was confirmed by consumer survey data, 90.5% of which noted that the design of both packages is similar.
The High Court ruled that the Committee had the right to conduct consumer surveys, so the Court of Appeal failed in its duty to evaluate all the evidence presented by the parties.
The process of challenging the Committee’s decision in court lasted almost two years.
We will remind you that in 2020 the AMCU fined the pharmaceutical company “Zdorovya” UAH 10 million 191 thousand for using a similar outer packaging of the drug “Tsytramon-Darnytsia”.