The arbitration court of Tatarstan has satisfied the claim of LLC “Doctor Chekhov” (Perm) to the Republican UFAS about a recognition illegal and cancellation of its decision in January 2017.
It all started with the fact that “Doctor Chekhov” in the OFAS of Tatarstan in 2015, complained, “Pharmacy from the warehouse.” The Complainant was outraged that a competitor uses its brand name with the external design of the pharmacies in Kazan. UFAS recognized this act of unfair competition and issued the “Doctor Chekhov” the order up to 20.12.2015 to stop breaking the law “On protection of competition”. However, the company disagreed with this approach and appealed to the court. It insisted that in making its normative act, the Antimonopoly service did not take into account the fact that outside of Kazan “Doctor Chekhov” used the designation “Pharmacy warehouse” in their activities and when making pharmacies to register an LLC “Pharmacy warehouse” 18.01.2011 g
In the course of the proceedings it was also established that the Antimonopoly body has violated the procedure of the contested decision (not to log). In the end of the Eleventh arbitration appeal court ruled in favor of the “Doctor Chekhov”.
However, while the trial was in January 2017, the FAS issued a decision that extended the deadline of its first regulations “Doctor Chekhov”. This is contrary to the law “On protection of competition”, which says that the acceptance of the application for appeal instructions to the arbitration court and the enforcement provisions of the Antimonopoly body shall be suspended until the date on which the arbitration court decision into legal force. On 31 July the Arbitration court of Tatarstan has satisfied the claim of LLC “Doctor Chekhov” on the recognition of the definitions of FAS is illegal.
It is interesting that the same dispute was the subject of the proceedings and in the Arbitration court of Tyumen region. This time, “Doctor Chekhov” demanded that the court has obliged open company “Pharmacy warehouse” to stop using this name. But got rejected in the first and appeal instances.
The courts were guided by the Rules of storage of medicines approved
by order of the Ministry of health of the Russian Federation No. 706n, came from the fact that “for retail organisations
of medicines which are pharmacy, the verbal designation “pharmacy warehouse” means only that the drug sold by the pharmacy, delivered and had previously been in a warehouse that applies to any pharmacy, not just pharmacies the plaintiff and the defendant.” Thus, the parties used the verbal designation “pharmacy warehouse” does not have any originality, is common and may not apply to means of individualization under the protection of the law.
Recall that similar disputes also occurred in the Stavropol region.