Several pharmaceutical trademarks exist that have not yet been put to use, mostly as a result of licensing problems, and are therefore vulnerable to non-use defence. Any opposition on the basis of such kinds of trademark can be overcome by non-use defence.
In WhiteWave Services Inc v EUIPO, the General Court has confirmed the importance of word elements in composite trademarks.
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.
In Romania, pharmaceutical trademarks are governed by the same national legislation and relevant EU directives and regulations as other trademarks. However, some specific elements must be taken into account.
There are no specific provisions relating to international non-proprietary names (INNs) in Saudi Arabia’s Trademark Law. As a member of the WHO, in practice Saudi Arabia implements the World Health Assembly resolution over INNs.
Given the highly profitable trade in pharmaceutical parallel imports where price differences and arbitrage opportunities arise from different national pricing regulations, it is anticipated that the issue of parallel imports will remain a significant area of concern for pharmaceutical companies.
Research estimates that the extension of plain packaging to alcohol and sugary drinks would result in a massive loss for the global beverage industry.
The Autumn 2019 edition of WTR, revealing the top filers at key registries across Asia, and the eighth edition of Pharmaceutical Trademarks: A Global Guide are now published.
Registered Community designs have been enforced with varying success. However, several steps are available to maximise the scope of the protected design, making it easier to combat infringers.
Brand experts offer insight and practical guidance on how to ensure that enforcement efforts are not adversely affected by reduced access to data.
In early 2019 the Department of Industrial Policy and Promotion released a draft e-commerce policy to strengthen enforcement mechanisms for IP owners. Although the steps taken are generally welcome, there are some clauses which require further contemplation.
Speaking to WTR, Amazon's vice president of worldwide customer trust & partner support, Dharmesh Mehta, expands on the company’s launch of its Intellectual Property Accelerator programme.
The decision of the Administrative Court of Appeal of INDECOPI in opposition proceedings involving the marks MOREA SWIMWEAR and MOOREA highlights that the evidence filed by the parties is vital to determine whether there is bad faith.
Although the Trademark Law does not refer to ‘parallel imports’ or ‘exhaustion of rights’ as such, Article 100 does contemplate instances where the owner of a registered trademark cannot enforce its rights.
In the next part of our regular series on marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Turkey.