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Trade Marks Group
Editorial: on peace of mind .
and more tales are being told where the converse is now true.
Therefore, one should certainly not abuse their intake but when
appropriate and where use is targeted correctly, there is no
price for that peace of mind where, after a couple of days'
treatment, one's child is back on his or her feet again. Indeed, it
almost seems obscene for those of us in the developed world to
take the moral high ground that it is better for their immune
trip to the local GP later that afternoon,
system to cope on its own compared to those parents who
anguished only two generations previously and those who in less
with a snoring, very hot six-year-old on my knees, a 15-minute
fortunate situations still face that anguish today.
consultation and a prescription for antibiotics was all it took(plus a quick trip to the chemist in the village) to settle the
Meanwhile of course, vast amounts of ‘getting well again’
television have been consumed and zombie status has set in, butthat is another story!
The following day it struck me how different that scenario wouldhave been only 60 years ago. Back then, parents did not have
This Autumn e-edition of LL&P
is a shortened one but I trust that
the inner certitude that the doctor would diagnose, prescribe
you will enjoy reading it all the same and look forward to seeing
and cure their child with a miracle medicine that we enjoy today.
many of you in Prague in less than a month for another excellent
Of course, everyone now knows that ‘antibiotics are not
automatic’. In the early years of wide commercialisation in thewestern world, new antibiotics were developed faster than the
bacteria could develop resistance to them. Unfortunately, more
of Buchanan Ingersoll &
has left Studio Legale Bird
& Bird to join Barzano & Zanardo Milano
S.p.A. in Milan, Italy. Her new e-mail address
of InterbrandHealth, New
York, NY, USA(John.firstname.lastname@example.org)
has left Arnason Faktor
of Korejzova & Co.,
of Grup Ofis Patents &
Reykjavik, Iceland. She can be contacted at
of S.S. Rana & Co., New
has left Tandbergs and has
of Amica Law LLC, Singapore,
of Ellis Terry, Wellington, New
of Bentata Abogados,
has left Edwards Angell
Caracas, Venezuela (email@example.com)
of C&T Intellectual Property
Palmer & Dodge to join Stephens Innocent
Trademark Patent Consultancy and FT Ltd.,
Theodore Davis Jr.
and Olivia Baratta
both of Kilpatrick Townsend & Stockton
Myrtha Hurtado Rivas
of Groth & Co.,
Moves and mergers
has left Troutman Sanders
Tillingbourne House, 115 Gregories Road,Beaconsfield, Bucks, HP9 1HZ
of NJQ Associates,
Trademark and Copyright Legal Services, in
contact address is firstname.lastname@example.org.
of IPAN Intellectual
has left Hogan Lovells
and has joined Noerr Alicante IP, SL in
Bahrain: law on protection of
Zeina Salameh and Joanna Matar, Saba &
International Corp. In support of its case
registered 'HILLTONE HOTEL and logo' as a
objecting to use of the name HILLTONE for
application for rectification/cancellation of
Hilltone's registration no. 396750, which
there is a substantial risk of diversion on
opposed Hilltone's application under No.
496536 when it was published in 1992.
France: Trade Marks vs Generics:
filed by Hilton is pending. In response to
to any Arab consulate will be accepted.
Jean-Philippe Bresson and Franck Soutoul,
This means that simply signed powers will
trademark, patent and design applications.
European Union: New Customs
since 1948, but was not able to establish
was neither bad faith in adoption nor any
issued a restraining order against Hilton
Council, with the aim of producing a final
already been blocked by the FrenchConstitutional Council in 2009 because
Macedonia: changes to law on
reported in LL&P
affect intellectual property right owners
a sufficient link with the law in question.
information that the plaintiff must provide
preserved for the time being. But we fear
that such a provision in favour of generics
India: Supreme Court allows use
HILLTONE mark for hotel
hill station in Indian Rajasthan state) run
continued on the next page
bearing the false trade description whilst
publish an official list of expert witnesses
offence for any person who applies a false
There is a change in the legal remedies as
trade description to any goods subject to
rights relating to a registered trade mark,
Ukraine: Customs security for
limitations for filing an appeal before the
processing counterfeit goods
Malaysia: The Trade Descriptions
intellectual property rights, issued by the
security deposited by the right holders to
relevant where the infringing mark is not
identical with the registered trade mark.
piece of legislation as it provides for the
The penalties for a false trade description
Poland/Hungary: implications of unsuccessful
merger of Polpharma & Gedeon Richter
Kardina Marciniszyn, Kochanski, Warsaw
disorders in the United States and in 2012
company, or at least not as lucrative as at
US$ 40 million. It is worth noting that the
greater compensation than that granted in
Genefar controlling almost 100% of shares
transaction. Hence, it can not be excluded
particularly and actively involved in the
Eastern markets, including Russia, Ukraine
Arbitration, despite having declared that
Polpharma withdrew from the transaction.
The prevailing opinion is that the Polish
with around a hundred years of tradition,
Nevertheless, it seems that the chances of
successfully challenging the said judgement
plans to acquire US$1 billion worth of the
Consumerising wellness: where consumer
products meet science
Lisa Ritchie, Managing Associate, Simmons & Simmons LLP, London
which are medical and scientific, must be
‘We have to move from illness to wellness. Businesses will
have to invest in wellness. There is no choice. It's not
philanthropy. It's enlightened self-interest.’
Shrinivas N. Shanbhag, Medical Adviser, Reliance Industries, India
supplement can ‘banish stiff, aching jointsin a week’ and a claim that a milk
Traditional models of business in the life
would help ‘get the better of spots’.
focus on translating science into revenue
health professionals. Instead, in a world
functional, there exists a ‘health space’ in
products. The challenge for life sciences
in preserving wellness than curing illness,
category’, suggesting that the rules of
exponentially growing) “personal care”
health and wellness, while satisfying the
sophisticated formulations, scientifically
credible claims, an ageing population and
2012 Spring Conference
clinical trials and scientific evidence to
and Brazil. India and the Asia-Pacific are
both ‘health promotion’ and ‘disease
already beginning to bite: late last year, a
manufacturer to stop claiming that itsacai berry supplement had a weight loss
reluctant to allow claims that probiotics
withdraw health claim applications for its
2012 Spring Conference
in the health and consumer industries.
also getting in on the act, with numerous
Glowelle drink in the US last year, which
functional food and beauty products.
beauty and health. Indeed, late last year
clear that health claims, especially those
E P I L E X and E - P L E X confusingly similar for
pharmaceuticals in different therapeutic fields
Bill Ladas, SJ Berwin LLP, London
In Case T-161/10, Longevity Health
that excluding Tecnifar's goods from class
Products, Inc v OHIM
, the General Court
5 ‘is not sufficient, in itself, to exclude any
‘dietetic substances adapted for medical
level of similarity between the goods that
EPILEX, each covering class 5 goods (albeit
that Longevity excluded Tecnifar's goods).
for medical purposes’ were only of average
similarity to the Opponent's goods (as the
indications in holding that there was only
Longevity filed its CTM application for E-
‘some degree’ of similarity between the
PLEX on 22 May 2006, claiming a broad list
applied only to persons or animals suffering
of class 5 goods and also classes 3 and 35.
from epilepsy’), and that ‘mineral food
similarity as held by the Board of Appeal).
supplements, vitamin preparations’ were
mark registration for EPILEX covering anti-
with the Board that there was an ‘average’
epileptics in class 5. During the proceedings,
degree of similarity between the marks, and
addressed to different types of consumers).
follows, presumably with the intention of
In making its global assessment, the Board
similarity between the goods – went on to
removing the overlap with Tecnica's anti-
considered – also taking into account the
epileptics: Pharmaceutical and veterinary
confusion, even where the level of attention
of the relevant public is above average.
were held to be at the ‘average’ level –
dietetic substances adapted for medical use,
confusion with regard to the highly similar
goods covered (i.e. ‘pharmaceutical and
veterinary preparations, except medicines
earlier mark will not remove the similarity
to combat diseases in connection with the
Despite this, the opposition was upheld by
the Opposition Division except in relation
to 'sanitary preparations'. The signs were
found to be visually and aurally similar and
particular, the Board of Appeal held that
there were no conceptual differences that
are highly similar, whereas it was sufficient
influenced the assessment of similarity.
different take. It upheld the opposition,
the restriction to its specification removed
but only as against ‘pharmaceutical and
veterinary preparations, except medicines
to combat diseases in connection with the
central nervous system’. The exclusion did
referred to previous case law to the effect
food supplements for medical purposes).
James Thomas, Thomas Trademarks and Copyright Legal Services, North Carolina
respect to the growing lists of goods and
of further revisions to the process. In its
request such additional information in all
cases, but only ‘in a relatively small subset
followed by a full review of the data from
reviews and approvals are still spotlighted
goods/services’. It is anticipated that
sponsors submitted applications under the
filings involving lengthy lists of goods and
pilot. Therefore, it has elected simply to
request additional specimens, affidavits,
action and will instead continue to review
new applications and section 8 and section
names under only the existing process.
PROFILE: Shlomo Cohen
Shlomo Cohen is the founder of the intellectual property
law firm Dr. Shlomo Cohen & Co., Israel. Educated in Tel-Aviv,
New York and Brussels, he was admitted to the Israel Bar in
1973 and speaks English, Hebrew and French. The 2008 Who's
Who Legal wrote ‘the number one practitioner in Israel for
trade marks legal expertise’. Shlomo has contributed to a
great number of IP related publications and has been a
Lecturer in Intellectual Property at the Hebrew University
School of Law for a number of years. He is most proud of his
three sons, the setting up of the Israel Bar Pro Bono
programme and founding, along with others, the leading Israeli
Human Rights Watch Organization.
Where were you brought up and
What's the best thing about
Which music recording would
you take with you to a desert
What is your favourite work of
What is your all-time favourite
How did you become involved
in trade marks?
What is the soundtrack to your
Which one person would you
invite to dinner (other than a
family member or relative)?
Who was your mentor or role
What would you have done if
you hadn't become involved in
What is your most treasured
Which three words would you
Which piece of advice would
use to describe yourself?
you give a visitor to the area in
which you live?
Which book or books are you
Complete the following
sentence. ‘I wish .’
by Irene Nemirovsky,
What is your favourite building
/ piece of architecture and why?
wonderful, imaginative combination ofold and new.
What do you do at weekends?
What is your favourite
Reading, movies, friends and family.
What do you like, even though
The Little Prince
by Antoine de Saint
it's not fashionable?
Complete the sentence: “I'm no
good at .”
2011 The Pharmaceutical Trade Marks Group
Circulated for information only to PTMG Members. The Group takes no responsibility for the contents
Tel.: +33 679 316 860 email: email@example.com
By Eric Donnenfeld, M.D. Rockville Centre, N.Y. Incorporating CyclosporineOphthalmic into YourTreatment Regimen Adding this advanced protects the ocular surface. Lissamine green androse bengal facilitate a more accurate assessment. medication presents few They aid the dry eye diagnosis by showing the clas-sic conjunctival staining in the interpalpebral fis- issues for clinicians.
Sari Pediatri, Vol. 6, No. 3, Desember 2004Sari Pediatri, Vol. 6, No. 3, Desember 2004: 125-128Penggunaan Sildenafil pada Anak dengan HipertensiPulmonal Sri Endah Rahayuningsih, Nono Sumarna, Armijn Firman, Dani Kurnia Hipertensi pulmonal merupakan penyakit yang jarang akan tetapi mempunyai tingkat mortalitas yang tinggi. Peran vasodilator, menurut beberapa penelitian dapat meningkatkan surv