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18 July 2019

EU offers increasingly interesting market for pharmaceutical trademarks

The European Union offers an increasingly interesting market for pharmaceutical companies, thanks to its growing elderly population, above average expenditure on drugs and robust use of branded drugs over generic equivalents. Pharmaceutical trademarks are a crucial element of this.

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

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

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

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.

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.

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

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

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

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

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

India’s upcoming data protection regime

India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017).

29 January 2019

Litigation procedures and strategies: Turkey

Turkey has no arbitral institutions that specialise in IP disputes. However, it is accepted that, regardless of their nature, trademark disputes that can be settled between the parties may be subject to arbitration.

29 January 2019

Litigation procedures and strategies: United Kingdom

All parties conducting civil litigation in the United Kingdom should follow the Civil Procedure Rules, which set out how cases should be conducted before and after proceedings have been issued.