BULGARIA’S COMPETITION WATCHDOG FINES ADIPHARM FOR DRUG IMITATION

Bulgaria's Commission on Protection of Competition (CPC) has fined pharmaceutical company Adipharm 51 130 leva for imitating German medicine Aspirin Protect, an entry in CPC's register shows. The penalty followed a complaint from Bayer, the manufacturer of the imitated drug and a subsequent inquiry conducted by the anti-monopoly authority.

The CPC found that Adipharm had changed the name of its acetylsalicylic acid product in February 2011. The medicine, which had previously been called Trombogard, started selling as Aspetin Protect.

Patent Office documents show that German pharmaceutical company Bayer registered Aspirin as a trademark in 1955, while Adipharm did the same for Aspetin in 2007. The CPC also established that besides their similar-sounding names, the two drugs also come in similar packages. Their boxes have an upper half that is white in colour and a lower half in green. According to the CPC, these are factors that can lead to confusion among customers who could end up buying a drug different from the one they have in mind.

Adipharm insisted that the names and packages of the two products are distinctive enough to ensure that consumers can make an informed, independent choice. The company points out that the two packages provide examples of naming and design execution typical of medicinal products on the Bulgarian market.

The fine levied on Adipharm amounts to one per cent of the company's 2010 net revenue. The maximum penalty is two per cent and is imposed in cases of particularly grave violations. The CPC's decision is not final and may be appealed.