The Supreme Court of the Republic of Kazakhstan ruled in favor of EAPO

08.06.2023

 

In the case concerning the invalidation of Eurasian Patent No. 034294 ("Pharmaceutical composition comprising eltrombopag olamine") on the territory of the Republic of Kazakhstan, the Supreme Court of the Republic of Kazakhstan approved the Eurasian Patent Organization's (EAPO) application for judicial review of judgments rendered by lower courts in cases No. 7199-22-00-2/1265 and No. 7199-22-00-2a/4628.

Eurasian patent No. 034294, valid on the territory of the EAPO member states, namely the Republic of Armenia, the Republic of Azerbaijan, Turkmenistan, and the Russian Federation, protects the invention "Pharmaceutical composition comprising eltrombopag olamine". It is widely found in medications used to treat immune thrombocytopenia.

Eurasian patent for invention under application No. 201400387 dated August 1, 2007 was granted to Novartis AG (Switzerland). The patent was valid on the territory of the Republic of Kazakhstan until August 1, 2022. The validity of the patent could be extended upon receipt of a registration certificate for this medicine.

Abdi Ibrahim Global Pharm LLP, the plaintiff, justified the claims for invalidation of patent No. 034294 on the territory of the Republic of Kazakhstan by the lack of inventive step in the invention protected by the patent.

The lower courts violated the norms of substantive law when hearing the case. The issue of EAPO's participation as a third party not presenting independent claims in relation to the subject matter of the dispute was not properly decided and resulted in a violation of the balance of procedural rights and obligations of the parties.

On June 6, 2023, the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Kazakhstan (Judicial Collegium of the Supreme Court) approved the application of the Organization. The decision of the Astana City Court dated November 16, 2022, was also reversed in relation to the invalidation of Eurasian Patent No. 034294 on the territory of the Republic of Kazakhstan. The Judicial Collegium of the Supreme Court referred the case to the Court of Appeal, composed of other judges.

During the appeal hearing, the EAPO will participate in the proceedings in accordance with its due procedural capacity as a third party not presenting independent claims in relation to the subject matter of the dispute. This will ensure efficient protection of the rights and legitimate interests of the Organization and provide necessary evidence confirming the validity of the conclusions of the Eurasian Patent Office (EAPO) examiners and the decision on the patentability of the invention.