Legal Alliance reasserted client's rights in a dispute over invention

The Northern Commercial Court of Appeal upheld Kyiv's Economic Court ruling on the results of a new consideration of the case on the intellectual property rights to protect an invention – a medicine.

This was the second time that the case had been considered by the Court of Appeal following a second review at first instance. In general, the case has been ongoing since 2016 and has been accompanied by a counterclaim and a series of expert examinations provided by opponents even at the appeal stage in the second round.

The initial dispute was about the client's demand to recognize the infringement of intellectual property rights over the invention and to cancel the registration of the opponent's medicine. The counterclaim was to declare the Ukrainian patent on the invention invalid.

The court of first instance confirmed the infringement of Legal Alliance Company client's intellectual property rights to the invention – the medicine, which consisted in the use in the opponent's medicine of every feature, including one equivalent feature of an independent item of the formula of invention under the patent of Legal Alliance's client. In turn, the counterclaims were found to be unjustified.

A team composed of counsel Vitalii Savchuk, attorney-at-law Anastasia Grachova and junior associate Sofiya Hodovana worked on the project.