Egorov Puginsky Afanasiev & Partners has successfully represented global pharmaceutical corporation Novartis before the FAS in an unfair competition dispute with a Nativa distributor.
According to EPAM, “In 2017, the arbitrazh court prohibited Nativa to sell Nilotinib-nativ, a generic drug, the manufacturing of which unlawfully used a Novartis patent. Despite the prohibition, Nativa transferred the rights to the drug to its distributor – Mamont Pharm, which started offering the generic drug under the vital drugs tenders and procurement programs in 2020.”
“Following the hearings, the FAS Russia qualified Mamont Pharm’s actions as unfair competition and ordered to discontinue the breach, as well as to transfer the illegally obtained income,” EPAM reported.
“This is the first case where the FAS Russia qualified the manufacturing and sale of a generic drug prior to the expiry of the original drug patent as unfair practice,” commented EPAM Partner Anna Numerova. “The regulator’s decision acknowledged the stability and guarantee of protection of intellectual rights in Russia against violations, which is of greatest importance for the manufacturers of innovative drugs and for all bona fide pharmaceutical market professionals.”
EPAM’s team consisted of Numerova and Senior Associate Olga Denchenkova.
Editor's Note: On January 21, 2022, the Moscow City Arbitration Court rejected Mamont Pharm’s claims in full and agreed with the position of the FAS and of the Novartis group, EPAM has announced.