EBA Workshop on Intellectual Property Rights Issue in Pharmaceutical Business

25/05/2009

On May 22, 2009, in Kyiv (Hotel Vozdvyzhensky), the Health Care Committee of the European Business Association conducted a workshop on Intellectual Property Rights Issue in Pharmaceutical Business. The importance of understanding intellectual property rights when doing business across the globe cannot be overstated. Extensive lobbying efforts of the EBA have led to some progress in terms of intellectual property rights protection in Ukraine, but a number of challenges remains.

What do biotech executives need to know before doing business in Ukraine or partnering with companies here? What are potential sticky points when it comes to intellectual property rights, and what is the best approach to making a successful entry with biotechs? Official legal adviser of the Health Care Committee VASIL KISIL & PARTNERS and other consultants that specialize in this area of law provided comprehensive overview of the above-mentioned issues and addressed the following topics: existing ways to protect IPR according to the Ukrainian legislation; IPR and pharmaceutical dossiers; medical drugs registration and IPR issue.

VASIL KISIL & PARTNERS’ Senior Associate Alexander Mamunya presented some practical aspects of juridical and administrative IPR protection. Drawing on the extensive experience of the firm that regularly counsels clients on a broad range of aspects of developing, manufacturing and marketing medical products, and related regulatory and intellectual property issues in this field Mr. Mamunya touched upon what falls under the category of intellectual property or immaterial goods and then described main legal mechanisms of IPR protection.

He also shared examples of what can be perceived as an IPR violation and legal actions that can be taken in this regard. Further, Mr. Mamunya addressed main steps to be undertaken by industry players in their interaction with the Antimonopoly Committee of Ukraine and IPR protection therewith. The specific procedure of filing such a claim with the ACU, as well as IPR protection at custom clearance and through the Ukrainian State Department of Intellectual Property were reported to be especially useful to those who attended the workshop.