This positive ruling for hygiene brands is a reminder that applicants must be cautious in adopting parts of registered marks, particularly if the identical part is at the beginning, as only differing the end-syllable is not a guarantee of preventing infringement.
The ASCI’s Annual Complaints Report 2023-2024 reveals crucial insights into brand advertising campaigns in India, with 98% of scrutinised ads requiring modification. Misleading ads present a challenge for law enforcement and brands must adhere to court rulings or else risk the suspension of their manufacturing licences.
In our latest round-up, we look at the adidas motion for a new Thom Browne trial being denied, an OtterBox counterfeit bust, and more.
In Sweden, pharmaceutical trademarks are governed by trademark law and also, to some extent, by sector-specific regulation. Primarily, the bodies dealing with the registration of pharmaceutical trademarks are those involved in granting registrations for all kinds of trademark. Trademarks for which protection is sought in Sweden can be registered:• nationally;• in the form of an international trademark designating Sweden via the Madrid Protocol; or• as a Community trademark.
27 January 2012
The legal framework governing trademarks and pharmaceuticals in Poland consists of:• the Industrial Property Law of June 30 2000; and• the Pharmaceutical Law of September 6 2001 and related regulations.
27 January 2012
China follows the ‘first to file’ rule for the registration of trademarks and the options to protect unregistered marks are limited and far from effective. It is crucial for pharmaceutical companies to register the trademarks of the drugs that they produce and market in China, given the strict regulatory rules. Though compulsory registration of trademarks for drugs is nolonger required by the Trademark Law and the Pharmaceutical Administration Law, such trademarks must be registered before they can be approved by the State Food and Drug Administration (SFDA).
27 January 2012
According to Article 1(20) of EU Directive 2001/83/EC on medicinal products for human use, the name of a pharmaceutical may be either an invented name not liableto be confused with the common name, or a common or scientific name accompanied by either a trademark or the name of the marketing authorisation holder. The directive further defines ‘common name’ as the international non-proprietary name (INN) recommended by the World HealthOrganisation, or, if no INN exists, as the usual common name.
27 January 2012
In Canada, the brand name for a prescription drug must be selected bearing in mind not only trademark registrationissues pursuant to the Trademarks Act and within the domain of the Canadian Trademarks Office, but also regulatorymatters handled by the Therapeutic Products Directorate of Health Canada. While both deal with brand name approvaland issues of confusion, their underlying focus is quite different.
27 January 2012
It is a pleasure to welcome you to the third edition of <i>Pharmaceutical Trademarks – A Global Guide.</i>Building on the success of the previous two editions, <i>PharmaceuticalTrademarks 2012 </i> provides trademark professionals with comprehensive guidance on the key issues involved in the protection, enforcement and marketing of pharmaceutical brands.The pharmaceutical industry is essential to the global economy and is subject to a high degree of regulation. In addition to the production of drugs, which involves a lengthy research and development process, the selection – and protection – of brand names is crucial to success andrequires detailed knowledge of a wide range of both national and international requirements. This guide is designed to help busy practitioners to navigate the regulatory maze by allowing for a quick and easy international comparison of the respective practices and procedures governing pharmaceutical marks.To achieve this, Pharmaceutical Trademarks – A Global Guide is written by industry experts from leading firms across the globe. Although the chapters in this book offer valuable insight on law and practice governing pharmaceutical trademarks, they do not seek to provide specific legaladvice and should not be read as such. However, only those firms and organisations with specialist expertise in the field were invited to contribute, and the authors raise a number of critical points that rights holders and their advisers should take into consideration when constructing an international pharmaceutical protection strategy.I would like to extend my gratitude to all of the authors for theircommitment to, and participation in, this valuable project. If you have any feedback on the guide, please do not hesitate to contact me..</i>Trevor LittleManaging editor
27 January 2012
Selection, clearance and registration processes for pharmaceutical trademarks are unique due to safety concerns and the chemical nature of the products. Apharmaceutical trademark must avoid confusion with the chemical and generic names of the drug. To market apharmaceutical product in the United States, a US adopted name (USAN) – a generic nonproprietary name – mustfirst be obtained. Existing USAN stems that describe thesubstance, its action or its use should be employed. The USAN is reviewed by the World Health Organisation(WHO) to ensure international harmonisation. The WHO alsoassigns a unique, international nonproprietary name (INN), which is typically identical to the USAN.
27 January 2012
Trademarks in the United Kingdom are governed by the Trademarks Act 1994. Regulation and enforcement of the rules governing the pharmaceutical industry are carried out by the Medicines and Healthcare Products Regulatory Agency. Where EU-wide approval is required, the relevant regulatoryauthority is the European Medicines Agency (EMA), formerly known as the EMEA.
27 January 2012
Pharmaceutical trademarks must be selected carefully, as patient safety is at stake. Prescription errors due to similarities between trademarks must be minimised. In Germany, the Federal Institute for Drugs and Medical Devices is the competent authority within the Federal Ministry of Health to authorise medicinal products on the basis of the Medicines Act.
22 September 2010
A brand name is to medical tourism what a geographical indication is to agro-tourism. The Medical Tourism Association defines ‘medical tourism’ as when people who live in one country travel to another country to receive medical, dental or surgical care which is equal to or better than the care they would receive in their own country, more affordable and/or more readily available.
22 September 2010
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