Baker McKenzie's Kyiv office has successfully represented Berlin-Chemie AG before the Ukrainian courts in a Nimesil versus Nimesin trademark dispute. Despite the numerous attempts of the defendants to delay the trial, on 15 July 2020, the Appellate Commercial Court upheld the decision of the Commercial Court of the City of Kyiv in relation to the cancellation of the Nimesin trademark registrations granted by the Ministry of Economic Development, Trade and Agriculture of Ukraine, the cancellation of the marketing authorization for Nimesin medicine issued by the Ministry of Healthcare of Ukraine for Organosin Life Sciences Private Ltd. (India), the prohibition of Evertogen Life Sciences Limited from manufacturing Nimesin medicine and the prohibition of Organosin Ltd. from selling and importing Nimesin medicine.
Upholding the decision of the Commercial Court of the City of Kyiv, the Appellate Commercial Court rejected both counterclaims by Organosin Ltd. and Evertogen Life Sciences Limited.
The Baker McKenzie team was led by Counsel Oleksiy Stolyarenko, who was supported by Associates Anton Kapitonenko and Khrystyna Nykerui.
Commenting on this case, Oleksiy Stolyarenko said, "We thank Berlin-Chemie for the opportunity to represent them in this significant trademark enforcement case. Even though it took us around five years to prevail in the first and appeal instances, we've managed to enforce the client's trademark rights in Ukraine and remove from the market the infringing product."