On March 26, 2025, the Arbitration Court of the Khabarovsk Territory invalidated the decision of the FAS Russia (dated September 25, 2024, in case 24/44/99/П22) on the results of an unscheduled inspection of compliance with legislation in the field of procurement of the medicinal product for medical use of Dapagliflozin for preferential categories of the Khabarovsk Territory citizens.
«A.Zalesov & Partners» team represented the interests of the Third Party, which did not make independent claims regarding the subject of the dispute, the Winner of the Auction.
Having supported the arguments of the Applicant, the State Procurement Committee of the Government of the Khabarovsk Territory, we insisted on the following:
- The competence of the Commission for the Implementation of Procurement does not include checking the compliance of procurement participants with patent rights, as well as assessing the legality of medicinal products registration. The issue of patent rights infringement is resolved in court upon a claim by the person whose rights have been infringed.
- The powers of the FAS Russia, including as a control body in the field of procurement, do not include consideration and resolution of the issue of using intellectual property right in a product introduced into civil circulation, as well as establishing the legality or illegality of such use.
- The contested decision does not present or evaluate the arguments contained in the decision previously adopted by the Department of the Federal Antimonopoly Service for the Khabarovsk Territory in the decision of 22.07.2024 in case No. 027/06/105-1073/2024, based on the results of an unscheduled inspection, the subject of which was the same purchase.
The client's interests were represented by Managing Partner Aleksey Zalesov and Senior Associate Darya Kushnarenko.