Firm Protects IP Rights of Top 10 Global Pharmaceutical Company in Investor-State Dispute

  • Dispute Resolution
  • Life Sciences

Marchenko Danevych has been acting for a Top 10 Global pharmaceutical company (Global 500 company) in the domestic litigation with the Ministry of Health of Ukraine and in the related investor-state dispute and negotiations with the Government of Ukraine, where the Client managed to reach an amicable settlement.

The domestic litigation concerns infringement by the Ministry of Health of Ukraine of the Client’s IP right protected under Ukrainian law (Client’s 5-years exclusivity rights for registration and sales of one of the world’s best selling original medicine in Ukraine) through non-transparent and illegal registration of a generic medicine by the Ministry of Health. The investment dispute concerns the violation by Ukraine of its obligations under the applicable Bilateral Investment Treaty to accord a fair and equitable treatment to the Client’s investments in the territory of Ukraine and to protect the investments against direct and indirect expropriation. Ukraine breached its treaty obligations as a result of intransparent and arbitrary actions of its Ministry of Health.