6 October 2025

Ukrainian Pharma Company Fined for Unfair Competition

On 4 September 2025, the Antimonopoly Committee of Ukraine (AMCU) ruled that a Kharkiv-based pharmaceutical company Berkana+ LLC engaged in unfair competition practices by using the designation and packaging for their dietary supplements DetraMax which closely resemble the trade mark and packaging of the medicinal product DETRALEX®.

The DETRALEX® trade mark and packaging have long been used by the French pharmaceutical company Biopharma and Servier Ukraine LLC, both part of the Servier Group, one of the world’s leading pharmaceutical companies. The companies filed a complaint with the AMCU, which determined that Berkana+’s unauthorised use of the DetraMax name and packaging could mislead consumers and allow Berkana+ to unfairly benefit from the established reputation of Biopharma and Servier Ukraine.

Specifically, the similarity could cause consumers to confuse DetraMax dietary supplements with DETRALEX® medicines—products that are subject to state registration, clinical trials, and rigorous quality control, and whose therapeutic efficacy is clinically proven. These conclusions were supported by consumer surveys conducted by the AMCU and an expert opinion in the field of intellectual property provided by the applicants.

As a result, the AMCU ruled that Berkana+ had violated Article 4 of Ukraine’s Law “On Protection Against Unfair Competition” and imposed a fine of 150,000 UAH (approximately 3,100 EUR).

The AMCU further noted that Berkana+ acknowledged the violation and took corrective measures by withdrawing the infringing products from the market and arranging for their proper disposal.

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