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04 March 2009

Trademark managementIt’s crunch time – are your IP assets ready?

As IP budgets are likely to be cut along with the budgets of most other in-house departments, it is time to review some key elements to ensure that the trademark department remains on top form

22 February 2009

Pakistan

The Drugs Act 1976 and the rules framed thereunder provide for the registration of pharmaceutical products and the grant of manufacturing, import, packaging and sales licences in respect of such products.

22 February 2009

Foreword

It is a pleasure to welcome you to the inaugural edition of Pharmaceutical Trademarks – A Global Guide, a publication from the team behind World Trademark Review magazine.Written by experts from leading firms across the globe, the guide is designed to provide a simple, easy-to-use digest of some of the main issues involved in the protection, enforcement and marketing of pharmaceutical brands. It offers the busy practitioner an international comparison of the practice and procedures governing pharmaceutical marks.The pharmaceutical industry is essential to the global economy and is characterized by its dependence on, and commitment to, research and development in a highly regulated environment. The process of putting a drug on the market is a lengthy, costly and highly complex operation. The selection and protection of related brand names is a crucial part of this process and requires detailed knowledge of a wide range of both national and international regulatory requirements. Advertising of pharmaceutical brands is also strictly controlled and the rules in this area often differ between jurisdictions.Once a branded drug is launched and successfully marketed it is open to attack from infringers and counterfeiters seeking to cash in on the reputation of the brand name. The continued rise in counterfeit pharmaceuticals across the globe, which shows no sign of slowing, is perhaps the biggest challenge faced by brand owners and regulatory authorities. The Internet has made this challenge all the more difficult as it presents infringers with various means of evading detection.Pharmaceutical Trademarks 2009 has been put together to provide trademark professionals with a concise guide to the issues outlined above in 19 jurisdictions, including a detailed look at the harmonized procedures affecting all EU member states. Although the chapters in this book offer valuable insight on law and practice governing pharmaceutical trademarks, they do not seek to provide specific legal advice and should not be read as such.We have ensured the quality of the information in Pharmaceutical Trademarks 2009 by inviting only those recognized as experts in trademark law, and the regulation of pharmaceuticals in particular, to contribute. I am grateful to all the authors for their commitment to and participation in this valuable project.

22 February 2009

India

An applicant can apply to the registrar of trademarks to register a trademark under the provisions of the Trademarks Act 1999. The applicant must file for registration at the Trademarks Registry within whose territorial limits the applicant has its principal place of business or address for service. The registry then examines the application to evaluate its compliance with the requirements of the Trademarks Act.

22 February 2009

China

Among others, the following government bodies are in charge of the registration and use of pharmaceutical trademarks and/or products: the Trademark Office, the Trademark Review and Adjudication Board and the State Food and Drug Administration.

22 February 2009

Israel

When a pharmaceutical company chooses a trademark for a new drug, it is advisable to conduct a search in the Trademark Register before using the mark or filing a trademark application with the Trademark Office. The search is intended to determine whether there are prior registrations or applications for trademarks that are confusingly similar to the proposed mark and cover identical goods or goods of the same description as the requested goods.

22 February 2009

Mexico

Trademarks in Mexico are regulated under the Mexican Industrial Property Law and its regulations. Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they render.

22 February 2009

United Kingdom

In the United Kingdom, pharmaceutical trademarks are governed by both trademark law and industry regulation. The relevant trademark legislation is the Trademarks Act 1994, while the relevant regulatory authority is the Medicines and Healthcare Products Regulatory Agency.

22 February 2009

United States

The chemical name for the molecular structure of a drug, the generic name and, eventually, a brand name are the three components of the drug naming process.

22 February 2009

Poland

The Industrial Property Law of June 30 2000 (Official Journal of Laws 2001 No 49, pos 508, consolidated text of June 13 2003, Official Journal of Laws No 119, pos 1,117, as amended) defines the requirements for obtaining trademark protection in Poland.

22 February 2009

Italy

Pharmaceutical trademarks are governed by the general trademark law set out in the Intellectual Property Code (30/2005), rather than by specific legislation.

22 February 2009

Germany

Pharmaceutical trademarks in Germany, as elsewhere in the European Union, are governed by EU laws which are applicable in all member states.

22 February 2009

France

Pharmaceutical products and, consequently, pharmaceutical trademarks are highly regulated in France. Both national and EU laws and regulations govern various aspects of pharmaceuticals’ development and commercialization, including the intellectual property derived from them.

22 February 2009

Ireland

The Trademarks Act 1996 sets out the statutory framework for the application, registration and enforceability of registered trademarks in Ireland.

22 February 2009

Indonesia

Indonesia’s geography and unique socio-economic conditions create a number of challenges for pharmaceutical companies seeking to do business there. As one of the fastest-growing markets in the region, Indonesia also presents significant opportunities. Success is possible through a robust strategy, as well as strict and transparent compliance with Indonesia’s regulatory regime.