THE RUSSIAN PHARMACEUTICAL COMPANY THAT CHANGED ITS NAME WILL BE BANKRUPTED BY THE COUNTERPARTY

The claim for the insolvency of the company "Spectrum" on January 16 was submitted to the arbitration of the Moscow region. The applicant, the company "New Paradigm" ("NP"), had previously published information three times about its intention to initiate bankruptcy proceedings. The basis for this is the claim rights that the plaintiff received in the summer of 2021 from the company "Mammoth Farm", which supplied the material for the production of medicines.

In 2016, a contract was signed between Nativa and two organizations: Mammoth Farm, a supplier of pharmaceutical raw materials, and the copyright holder (ARS company). The supplier handed over a substance for the manufacture of pharmaceuticals in the amount of 141.7 million. He did not wait for the delivery payment, subsequently transferring the claim rights to the NP.

In November 2021, the arbitration court received the claim of "NP" and in February 2022 supported it, collecting the required amount of money from the defendant. The defendant did not challenge the verdict of the court. The decision has entered into force.

NP began to publish reports that it would seek bankruptcy of the defendant in court. The relevant information was made public in August, September and December 2022. However, the debt was never repaid.

In the pharmaceutical market of Russia, Nativa has become known in connection with lawsuits on patent infringement of medicines by such firms as Novartis, Pfizer, AstraZeneca and BMS. Since 2016, the company has started to regularly register the rights to drugs already patented by others. International pharmaceutical companies have initiated lawsuits.

In some cases, arbitration courts supported foreign copyright holders. In particular, in 2018, Nativa was banned from using a patent for a drug registered by Novartis Corporation until July 2023. In a lawsuit with AstraZeneca on two patented drugs in 2019, it was possible to reach a settlement agreement. According to him, Nativa refused to manufacture and sell several medicines.

According to experts, in 2019 alone, foreign pharmaceutical companies lost 6.9 billion due to the release of various generics by "Native" to the market. By now, patent protection for some has already ended or is coming to an end in 2023.

In the first half of 2022, Nativa continued to produce pharmaceuticals. Some of them were produced for their own needs, others were produced under contractual obligations. The State Register of Medicines (GRLS) indicated that the company produces 11 medicines (their registration certificates belong to 7 legal entities) and 19 substances.

In June 2022, "Nativa" became known as "Spectrum". This name is not in the database of Roszdravnadzor. It is not specified in the GRLS either. At the same time, the firm continues to participate in lawsuits. One of these lawsuits was initiated by Bayer Corporation. Her rights to the drug "sorafenib" were violated. The foreign manufacturer demanded more than 400.4 million from the defendant.

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