„Olainfarm” wins in „MIDOLAT/МИДОЛАТ” dispute
District court of Riga today rejected the claim by AS “Grindeks” whereby the nullification of the registration of trade mark „MIDOLAT/МИДОЛАТ” was asked. Therefore AS „Olainfarm” is now free to use the name „MIDOLAT/МИДОЛАТ” in Latvia.
On July 20, 2010, „Grindeks” submitted a claim to court asking to nullify the registration of trade mark MIDOLAT/МИДОЛАТ (in Cyrillic), to discontinue and forbid the use of the textual designations MIDOLAT/МИДОЛАТ by „Olainfarm”, to fully recall from distribution and to destroy all medicines market with textual designations MIDOLAT/МИДОЛАТ. „Olainfarm” was accused of acting in an illegal manner to crease associations with trademarks owned by „Grindeks”. On March 14, an additional claim was submitted to court asking “Olainfarm” to compensate for the damages.
On August 19 2011, a District court of Riga ruled that all these claims are unfounded and rejected them. Latvia is now the second country where this desperate attempt made by “Grindeks” to block the launch of meldonium produced by “Olainfarm” has failed. Although in the interests of “Grindeks” it managed to delay the launch a little, the main party suffering were the patients. In the near future similar claims by “Grindex” against “Rospatent” are scheduled in Moscow.
During the court trial „Olainfarm” submitted the counterclaim about nullification of registration of trademark “Mildronāts”. Counterclaim of “Olainfarm” is founded on the fact that a word “mildronāts” has been historically used and is still being used in an everyday communication as the name for particular medicine and therefore cannot be registered as the trade mark. Although Olainfarm’s counter claim was rejected for the lack of evidence, Olainfarm regards its position as strong enough to appeal against this ruling of District court of Riga to Supreme Court.
It was not Olainfarm’s choice to start the legal procedure and during the entire process we made a number of attempts to prevent this conflict from further escalation, we have expressed our willingness to negotiate and solve the dispute out of court.
„I am very satisfied with this just ruling. Olainfarm has always been acting fairly and honestly respecting ourselves, our partners and competitors. We see the development of new and effective products as our main priority, therefore despite favourable verdict and good prospects for further appeals, we would prefer solving similar situations without unnecessary waste of time in courts,” said V. Maligins, Chairman of Olainfarm’s Management Board.
A/s Olainfarm is one of the biggest pharmaceutical companies in Latvia with nearly 40 years of experience in production of medication and chemical and pharmaceutical products. A basic principle of company#ins_quot2#s operations is to produce reliable and effective top quality products for Latvia and the rest of the world. Products made by the Group are being exported to more than 30 countries of the world, including the Baltics, Russia, other CIS, Europe, Asia, North America and Australia.
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