The bankruptcy of the pharmaceutical company “Nativa” began – Vedomosti

The Arbitration Court of the Moscow Region recognized the claims of the Novaya Paradigma company to declare the Spektr company bankrupt, which until June 2022 was called Nativa, and introduced a monitoring procedure against it. He made the corresponding decision on March 13. It follows from the case file that the total debt to the plaintiff is 141.7 million rubles, it has already been included in the register of creditors’ claims. At the beginning of July 2021, New Paradigma bought the debt itself under an assignment agreement from Mammoth Farm LLC. According to the Unified State Register of Legal Entities, 83.25% of Spektr LLC belongs to the company itself, the remaining share belongs to the company’s general director Vitaly Voronkov. Its revenue for 2021 amounted to 3.17 billion rubles, net loss – 524.8 million rubles.

Previously, a company called Nativa was involved in the registration of drugs that are under patent protection, such as the anticancer drug nilotinib (manufactured by international Novartis AG, headquartered in Switzerland) and the anticancer drug sorafenib (German Bayer). As a result, as follows from the database of arbitration courts, a total of 15 claims related to the protection of intellectual property were filed against it. In 2017, the Arbitration Court of the Moscow Region partially satisfied the claim of Novartis AG, banning Nativa from producing nilotinib. And in June 2022, a claim in the amount of 400.4 million rubles. already submitted to the company Bayer. A request to Spectrum remained unanswered.

“New Paradigm” is unlikely to be the largest creditor of the pharmaceutical company, says Yury Fedyukin, managing partner at Enterprise Legal Solutions. According to him, the register of claims will also include debt obligations to drug owners who have not received compensation for their use. In addition, Spektr probably has debts to banks, he suggested. By the time of the renaming, Spektr had transferred almost all registration certificates for its drugs to other companies, including those associated with it, Pharmaceutical Bulletin reported earlier.

In the State Register of Medicines as of March 20, Nativa is listed as a manufacturer of 11 medicines. Registration certificates for them, in addition to the company itself, belong to seven more companies – Biserno, Pharmstandard-UfaVITA, AkselPharm, ARS, Pharmstandard-Leksredstva, Pharmmental Group and Scan Biotek.

The transfer of rights to drug registration certificates to other companies may be related to the lawsuits that the copyright holders are trying to bring against Spektr, Nikolay Bespalov, development director of the RNC Pharma analytical company, believes. He suggests that such a mechanism can be used to “liquidate” one of the legal entities in order to start working through other firms. The fact that a bankrupt can leave creditors with nothing by selling or transferring all valuable assets before filing a lawsuit is misleading, Fedyukin says. He recalls that most of such transactions made in the period leading up to bankruptcy can be challenged, and the assets returned to the bankruptcy estate.