Leo Pharmaceutical Products Ltd A/S or LEO Pharma a global and leading pharmaceutical company from Denmark have on 13 January 2009 secured a decisive judgment against a generic drugs manufacturer in Malaysia after a lengthy trial.
In Malacca High Civil Suit No 1-22-57-2001, Leo Pharma sued Kotra Pharma Sdn Bhd for infringement of their registered trade marks 'Fucidin' and 'Fucicort' registered in respect of pharmaceutical products and for the tort of passing off.
According to the facts of the case, Kotra Pharma started to adopt the trade marks 'Axcel Fusidic' and 'Axcel Fusi-Corte' for their generic versions of Leo Pharma's products, namely creams and ointment used for treatment of skin infection sometime in 2000.
Upon failing to reach a settlement, the present suit was filed in 2001. Kotra Pharma counter claimed for an order to cancel Leo Pharma's said registered trade marks on the grounds that they are descriptive of the ingredients used. The court presided by Justice Datuk Wira Low Hop Bing found that Kotra Pharma has failed to establish their counterclaim and upheld the validity of the said registered trade marks of LEO Pharma. It also held that LEO Pharma has successfully proved its case for trade mark infringement and passing off against Kotra Pharma.
The court accordingly ordered that Kotra Pharma be restrained by a permanent injunction from further infringing LEO Pharma's registered trade marks 'Fucidin' and 'Fucicort' by using the name 'Axcel Fusidic' and 'Axcel Fusi-Corte' and/or any other marks confusingly similar to the trade marks 'Fucidin' and 'Fucicort'. Kotra Pharma is then ordered to delivery up all infringing products in its possession within seven days from the date of judgment. The court also ordered that damages be assessed against the Kotra Pharma and further fixed 12 February 2009 for the assessment of damages.
The civil suit reinforces Leo Pharma's commitment to safeguard the interests of its consumers and to protect its intellectual property rights. Leo Pharma dedicates substantial amount of resources in terms of R&D, manufacturing procedures, marketing and after sales services to bring quality products to consumers.
LEO Pharma is an independent research based company with headquarters in Ballerup, Denmark.