Legal Alliance successfully defended pharma company's rights in patent litigation
The unique character of this case lies in the fact that it is actually the first litigation in Ukraine on partial waiver of patent rights under the new version of Article 32 of the Law. This refers to a new practice that will guide patent holders.
Legal Alliance Company's Client applied to the Economy Ministry with a statement on the partial waiver of the rights deriving from the State registration of the utility model by amending the formula, but it had been refused.
Legal Alliance attorney-at-laws filed a lawsuit requesting that the refusal of the Economy Ministry be declared as unlawful and that SOE "Ukrainian Intellectual Property Institute" (Ukrpatent) be obliged to amend the State register of patents of Ukraine for utility models regarding the Client's patent on the utility model by amending the formula.
Following the action, amendments to the legislation entered into force, which regulate in more detail the partial waiver of patent rights, providing, inter alia, that the partial waiver is valid only if the proposed changes to the patent formulas result in a reduction of the legal protection.
The case was examined by a forensic expert, who confirmed the reduction in the legal protection as a result of the partial waiver of the Client's patent.
In the course of the lengthy litigation process, the trial court concluded that the partial waiver of Legal Alliance Client's patent met the requirements of Article 32 of the Law of Ukraine "On the Protection of Rights to Inventions and Utility Models" (Law) and obliged SOE "Ukrainian Intellectual Property Institute" (Ukrpatent) to amend the State register of patents of Ukraine.
Ukrpatent appealed to the Northern Economic Court of Appeal with a demand to overturn the ruling. However, at the court session on September 29, 2021, the Legal Alliance Company's team successfully defended the rights of its Client, and the trial court's ruling was upheld.
The team composed of Counsel Vitalii Savchuk, Attorney-at-law Anastasia Hrachova and Junior Associate Sofiya Hodovana worked on the case.
"Most intellectual property litigation is interesting. However, there are not that many cases where the parties and the court apply innovative approaches. I am very pleased that I have dealt with this case," Counsel Vitalii Savchuk said.