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17 July 2019

Branding pharmaceuticals: drug naming and non-traditional trademarks

There are numerous hurdles to branding a new pharmaceutical. In addition to traditional marks, non-traditional marks offer a route to protection where a drug’s appearance has acquired distinctiveness, but obtaining such registrations is not all plain sailing.

17 July 2019

Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

While disputes over pharmaceutical trademarks are few and far between, decisions can have a significant effect on product manufacturing and public health.

17 July 2019

Restrictions and conflicts – challenges faced by pharmaceutical trademarks in China

Pharmaceutical products play a key role in public healthcare. As a result, the protection of pharmaceutical trademarks is fraught with unique challenges, particularly when it comes to a pharmaceutical product’s name and generic name.

17 July 2019

Naming, registering and advertising pharmaceutical trademarks in Russia

The pharmaceutical industry is a high-tech development priority and pharmaceutical production must happen alongside the development of an appropriate IP protection strategy. Pharmaceutical trademarks owners would be well advised to consider any issues in the context of the Russian market.

17 July 2019

Healing confusion – choosing the correct name for pharmaceutical trademarks

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication.

01 May 2019

Can you trademark sounds, smells, colours, motions and flavours?

Trademarks are much more than a logo used to identify a brand. Non-traditional trademarks using sounds, colours and shapes have exploded onto the scene, bringing notoriety to many a business and brand.

01 May 2019

Focusing on trade dress in the European Union

As the use of distinctive and non-traditional signs continues to evolve, EU legislation now allows for objects, actions and patterns, among others, to be registered as trademarks, with a key focus on trade dress.

01 May 2019

Colour marks gain popularity in Russia

Colour trademarks are growing in popularity in Russia. However, to ensure their registration, the colour in question must be capable of sufficiently distinguishing the product or service and its origin.

01 May 2019

Protecting fashion and cultural expressions

Protecting the knowledge and traditional cultural expressions of different cultures and indigenous communities is a complex task. Opinions are divided, but one route may involve IP rights to protect traditional forms of innovation and creativity.

01 May 2019

Protection for non-traditional trademarks lags behind in China

Although China recognises non-traditional marks, it is still rare for them to secure protection. Nevertheless, the situation and the market are improving and applicants will one day be able to effectively protect their rights in all types of trademark in China.

14 March 2019

Rights protection mechanisms review: the future of enforcement?

In 2016 ICANN committed to performing a review of all RPMs before launching any further gTLD expansions. This process will likely shape the RPMs for many years to come, so it is important that the community gets it right – in particular, ensuring the viability and utility of these mechanisms for brand owners without compromising legitimate domain name registrations in good faith.

14 March 2019

China’s new E-commerce Law

China’s new E-commerce Law (which entered into effect on 1 January 2019) regulates a wide array of matters, including antitrust, data protection, consumer protection, payment and delivery services, among others. However, the law’s provisions on IP protection seem to have attracted the most attention – both positive and negative.

14 March 2019

Online brand protection strategies for the Russian market

New challenges in a digital world dictate the necessity of adapting brand protection strategies. In the past, it was enough to deal with infringements on a case-by-case basis. However, today it is impossible to handle thousands of online infringements manually and more efficient tools (online brand protection solutions) are required.

14 March 2019

Brand protection strategy for social media

The growth of internet usage worldwide, while clearly an opportunity for brands, is also proving to be a useful tool for counterfeiters. Brand abuse on social media has risen sharply in recent years and is especially notable in the sale of counterfeit products.

14 March 2019

Return on investment – proving that protection pays

Even though the threat from counterfeiting shows no sign of diminishing, companies are often stumped by how to assess the cost of counterfeiting on a business, and how to effectively counteract the economic and reputational harm that it causes.