November 26, 2010, after consideration of the case N А 40-97627/10-15-820, Moscow Arbitration court made decision in accordance with which AO “Ph-Sintez” is restrained from displaying (using) verbal mark “OCTREOTIDE” and graphical mark
in manufacturing, advertising and sale proposals of pharmaceutical products branded “OCTREOTIDE-LONG FS”, “OCTREOTIDE FSYNTHESIS” as well as any other pharmaceutical products.
Moscow Arbitration court once more confirmed legal sufficiency of AO “Pharm-Sintez” claim against AO “Ph-Sintez” in its decision on the case N А40-86451/10-143-743 from December 8, 2010. Subject of this case included legality of introduction by AO “Ph-Sintez” into civil market pharmaceutical products branded with verbal mark “BUSERELINUM”, using verbal mark “BUSERELINUM” in manufacturing, advertising, sale proposals of pharmaceutical products, as well as legality of registration for pharmaceutical products “OCTREOTIDE-LONG FS”, “OCTREOTIDE FSYNTHESIS”, “BUSERELINUM-LONG FS” and “BUSERELINUM FSYNTHESIS” manufactured by AO “Ph-Syntez”. In the process it was ascertained that AO “Ph-Sintez” actions infringe upon intellectual rights of AO “Pharm-Sintez” on trademarks N 264606, 270512, and also, that in registration of pharmaceutical products AO “Ph-Sintez” submitted unreliable information into registration authority.
By results of these cases Moscow Arbitration court made decision in accordance with which AO “Ph-Sintez” is forbidden to introduce into civil market pharmaceutical products branded with verbal mark “BUSERELINUM”, use verbal mark “BUSERELINUM” in manufacturing, advertising, sale proposals of pharmaceutical products. Arbitration court also compelled Ministry of Healthcare and Social Development to cancel state registration and exclude pharmaceutical products “OCTREOTIDE-LONG FS”, “OCTREOTIDE FSYNTHESIS”, “BUSERELINUM-LONG FS” and “BUSERELINUM FSYNTHESIS” manufactured by AO “Ph-Syntez” from the state register of medical remedies (источник).