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24 May 2018

Procedures and strategies for anti-counterfeiting: Panama

Customs authorities are empowered to inspect and seize merchandise that is subject to customs procedures and which may violate Panama’s IP laws, regardless of its final destination. This means that even in-transit goods can be inspected and seized.

13 March 2018

Procedures and strategies for pharmaceutical brands: Chile

Two frameworks are applicable to pharmaceutical marks in Chile. The Industrial Property Law and its regulation set out the rules for the registration and use of trademarks; the Sanitary Code and Decree 3/2010 regulate the pharmaceutical product marketing authorisation procedure.

13 March 2018

Procedures and strategies for pharmaceutical brands: Romania

In Romania, pharmaceutical trademarks are governed by the same national legislation and relevant EU directives and regulations as other trademarks. However, when selecting trademarks to register, and in contentious matters, some specific elements must be taken into account.

13 March 2018

Procedures and strategies for pharmaceutical brands: Serbia

The requirements for registration of pharmaceutical trademarks are the same as for any trademark: a request for registration in the prescribed form, including a representation of the sign and a list of goods covered, along with the payment of a fee.

13 March 2018

Procedures and strategies for pharmaceutical brands: Switzerland

Swiss law includes no specific provisions on international non-proprietary names (INNs). INNs are considered to be generic terms if they stand alone and thus cannot be registered as trademarks.

13 March 2018

Procedures and strategies for pharmaceutical brands: United Kingdom

To minimise the risk of counterfeit medicines reaching consumers, the Medicines and Healthcare Products Regulatory Agency licenses all steps of the medicine distribution system and monitors the supply and manufacture of medical devices.

13 March 2018

Procedures and strategies for pharmaceutical brands: Canada

Sweeping amendments to the Trademarks Act are expected to be implemented in 2019. The amendments will fundamentally affect the way in which all trademark owners will need to approach their selection, clearance and registration strategies, and the pharmaceutical industry is no exception.

13 March 2018

Procedures and strategies for pharmaceutical brands: Brazil

Brazil is a first-to-file jurisdiction, and therefore IP rights are acquired only when an application is filed and registered with the Brazilian Patent and Trademark Office. However, pharmaceutical trademarks fall under two separate and independent statutory regimes.

13 March 2018

Procedures and strategies for pharmaceutical brands: France

In order for a pharmaceutical trademark to be registered, no prior authorisation is needed per se. Unlike in other countries, in France the trademark owner is independent from the party exploiting the trademark and need not possess a particular quality.

13 March 2018

Procedures and strategies for pharmaceutical brands: India

Indian trademark law prohibits registration of marks which are descriptive in nature or devoid of distinctiveness, except where the mark has acquired distinctiveness or secondary significance on account of its use, publicity and popularity.

13 March 2018

Procedures and strategies for pharmaceutical brands: Norway

Developing and protecting new pharmaceutical product names in Norway is a complex task, requiring experience and know-how at all stages of the process. This chapter outlines key issues to be considered when choosing a new pharmaceutical trademark in Norway.

13 March 2018

Procedures and strategies for pharmaceutical brands: United States

Clearing and registering pharmaceutical trademarks in the United States are often more complex and challenging than in other countries. This is due in large part to the requirement that the Food and Drug Administration approve all pharmaceutical trade and generic names.

13 March 2018

Procedures and strategies for pharmaceutical brands: Mexico

There is no clear link between the IP Law and the Health Law and their regulations regarding conflicts between registered trademarks and marketing authorisations or distinctive names. IMPI examiners usually consider the three-letter rule when analysing the similarity of pharmaceutical trademarks.

28 February 2018

The evolution of internet service provider and host liability

The sheer scope of online counterfeiting and the anonymity that the Internet provides counterfeiters necessitate that brand owners look to internet service providers – whose roles in the world of e-commerce are essential – for assistance in blocking or preventing counterfeiters from using their services. 

28 February 2018

Data protection: WHOIS ready to enforce your trademarks?

Privacy advocates hail the new General Data Protection Regulation as a big step forward in the protection of personal data against misuse and abuse by commercial interests. But how does our increasingly global internet-based society deal with bad actors, including criminals, in the face of these new privacy protections?