on october 9, the supreme court of ukraine will consider the dispute between pjsc pharmak and pjsc darnitsa pharmaceutical firm about the right to the corvalol trademark. at first glance, this is an ordinary business conflict not worth public attention .but in fact, the problem is much deeper. and it affects the tectanic plates of the social and legal culture of ukrainian society. based on the results of resolving this dispute, it will be possible to predict the near future of our politicians, and hence the country.
drops from the heart
this story began almost 60 years ago. the soviet union set the task of developing an analogue of the famous german sedative "valocordin". specialists from the kiev chemical-pharmaceutical plant named after m. v. lomonosov. as is customary in the generic industry, the drug was decomposed into molecules, found a formula and received a soviet analogue. the name was made up of the letters of the original drug.
since then "corvalol" has been produced by one enterprise tie developer. after the collapse of the union, the rights to this drug were transferred to the pharmaceutical company pharmak. then all pharmaceutical plants were in approximately the same position. there was a question of survival. in "pharmac" they staked on the modernization and building of the company according to the european principle. for this, they even took employees abroad to get acquainted with modern enterprises. and not only top management, but also shop managers. lit with an idea. took a loan from ebrd. invested in the purchase of new equipment, drug development, quality system.
until now, "pharmac" remains almost the only ukrainian company, proving the bioequivalence of its generic drugs in ukraine. simply put, the company here, with us, with world-renowned scientists, conducts real expensive research, whether their developments really work on patients in the same way as the original, but more expensive drugs.
and the production of the sedative, popular with pensioners, continued. what for? after all, corvalol accounts for less than a percent of pharmac's sales. because for the company it is not just one of the drugs. it is history, tradition, business card and social responsibility, if you will. they say that there is even an unspoken rule - “farmak” heart drops should not cost more than bread. despite all the discussions around this drug, no one argues that it is corvalol that gives a patient with a heart attack a chance to save until an ambulance arrives.
a drop of putin
in the situation with the "darnitsa" the motivation is somewhat different. the once powerful complex of the same name of the kiev industrial chemical-pharmaceutical association split into several enterprises. one of them became the property of the zagoriev family. father vladimir and son gleb. dear people. businessmen from god. patrons of the arts. but, it seems, with the post-soviet "putin" complex of reviving the former power on the fragments of the collapsed empire.
it is not in vain that they write about the family ties of ukrainian pharmacists with the head of the upper house of the russian parliament, valentina matvienko. poltava resident vladimir zagoriy and a native of shepetovka valentina matvienko graduated from the leningrad chemical and pharmaceutical institute with a difference of two years. probably, it is the influence of st. petersburg that explains people's outlook on life. the policy of returning pharmaceutical companies to the "bosom of the family," and the practice of industrial espionage, and even attempts at physical violence against competitors fits well here.
on the one hand, darnitsa is attracting western funding, reconstructing capacities, and introducing new drugs into production. on the other hand, it produces drugs from other manufacturers simply by adding the name of its company to a well-known brand.
in 2004 the company zagoriev created an analogue of corvalol and named it darvilol. but she did not promote the brand, but relied on obtaining a court decision for the sale of "corvalola-darnitsa".
it was not possible to do this under three previous presidents. and not only "darnitsa". tried the kiev vitamin factory - refusal. brought corvalcaps to the market. in kharkiv, under the guise of kiev proceedings, they released "corvalol - health". but after last year's lawsuit against "health", the production of the drug with the controversial name was stopped, apparently considering the proceedings to be futile. indeed, it is difficult to give the right to someone to use the well-known trademark corvalol, which was assigned to pharmac in 2004. but gleb zagoriy is trying to take this height. the kiev economic court of appeal has already sided with him. the end will be put by the supreme court of ukraine.
what is gleb vladimirovich counting on? obviously on their connections. zagoriy plays an important role in the business environment of the head of state. "darnitsa" for him is a stage already passed. his political ambitions are much broader. and corvalol, which gives a couple of percent in sales, is also not strategically important for his firm. why bother important business partners over such a trifle, who, through former subordinates in the presidential administration, can talk to judges?
perhaps this is a deeply personal matter, a matter of principle, an opportunity to assert yourself and show your power? then the meaning of the litigation is clear. to demonstrate to a former competitor - a “farmak”, who cannot be caught up anymore, who is the boss, who influences the president. but gleb's friends, and most importantly petr poroshenko himself, must understand that such a capricious partner is at least unreliable. and the more influence he has, the more difficult it will be to negotiate with him.
for the judges of the supreme court, the situation is indicative. it is not a choice between a request from those in power and a wrongful decision. this is a chance to answer the question in which country your grandchildren will live. in ukraine, where, even after two maidans, court decisions are made on a call from the presidential administration? or in a free country, where a judge can refuse a friend of the head of state - after all, the truth is more precious?
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