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A Russian company vindicated its rights to manufacture of a generic drug

Objective

Developer of the original medical drug wished to prevent a Russian company from selling a generic drug. According to the developer, our client had violated the rights related to information about preclinical and clinical testing of the original drug and thus had no right to market the generic drug.

The client requested our assistance after the court of appealhad taken the side of the opponent and prohibited the client from marketing the generic drug. It was necessary to promptly find powerful arguments that would convince the intellectual property court of the illegality of the court ruling and of the validity of our client’s claim.

Resolution

We had adopted a new position based on the provisions pertaining to intellectual property and available remedies. We proved that the claimant had no right of action and that the remedies it was using were inadequate. We managed to prove both succinctly and logically before the court of appeal that the law on circulation of medical drugs did not prohibit the development of generic drugs and the use of the results of research available from open sources. 

Result

Our client acquired the right to market the generic drug in Russia, which made it possible for many people suffering from multiple sclerosis to receive an effective cure and allowed the Russian manufacturers of medicaments to continue their important work aimed at import substitution. A precedent for the whole market was set.

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