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.
Under the Pharmaceutical Affairs Law, sellers must obtain approval from either the Ministry of Health, Labour and Welfare or the prefecture in order to market pharmaceutical products, including drugs (defined in Article 2(1) of the law). Approval must be obtained for each product.
22 September 2010
Vietnam is one of the fastest-growing markets in the global healthcare industry. According to a 2009 report published by Business Monitoring International Ltd, there are approximately 57,000 pharmacies in Vietnam, equating to 6.6 outlets per 1,000 people – a high figure for a developing country.
22 September 2010
Trademarks in Mexico are regulated under the Industrial Property Law and its regulations. Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they provide (Article 87 of the law). The exclusive right to use a trademark is obtained by registering the mark with the Trademark Office.
22 September 2010
Pharmaceutical trademarks are regulated by the general trademark legislation – namely, the 2006 Law Approving the Benelux Convention on Intellectual Property – and by national legislation on medicines and IP rights.
22 September 2010
In Canada, prescription drugs can be sold only once they have successfully completed the drug review process and a notice of compliance (NOC) and drug identification number (DIN) have been issued. The Therapeutic Products Directorate of Health Canada will assess the safety, efficacy and quality of a drug; if it concludes that the benefits outweigh the risks, the drug will be issued an NOC and DIN.
22 September 2010
South African trademark law is governed by the Trademarks Act (194/1993). Section 10 sets out the criteria for registering trademarks, including both absolute and relative grounds for refusal. In addition, applicants for pharmaceutical trademarks should be aware of the regulatory environment for medicines in South Africa.
22 September 2010
The principal legislation governing trademarks in the United Kingdom is 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. In instances where EU-wide approval is required, the relevant regulatory authority is the European Medicines Agency.
22 September 2010
The Brazilian Patent and Trademark Office is responsible for granting trademark registrations in Brazil, in accordance with the Industrial Property Law (Law 9.279/96). The National Agency of Health Control controls the production and marketing of products and services in the health sector, including pharmaceutical drugs.
22 September 2010
The drug controller general of India approves new chemical products introduced into the country. The manufacture, distribution, sale or stocking of any drug requires a licence issued by the authorities established under the Drugs and Cosmetics Act 1940. Under these provisions, a penalty can be imposed for the manufacture, sale, stocking, exhibition or distribution of drugs without a valid licence.
22 September 2010
The primary bodies dealing with pharmaceutical trademarks are those involved in granting and administering registrations for trademarks. Marks concerning the territory of Finland can be registered nationally, in the form of an international registration or as a Community trademark.
22 February 2009
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