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  • Top Articles - Yahoo to Prohibit Competitive Keyword Bids Containing Trademarks

    Yahoo Search Marketing (searchmarketing.yahoo.com) has recently announced its advertisers of a new policy to be implemented as of March 1st 2006, concerning t
    According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
    he use of trademarks within their products and services *.

    Under the new policy, no reference to a trademark can be made (except for ads placed by the tradem
    ; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

    Examples of combination products may in
    ark owners themselves, obviously), and consequently no bids can be make for keywords containing such trademarks. Exceptions refer to usage of trademarks in no
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    n-competitive ads, such as those made by re-sellers, or in informative (and still non-competitive) ads.

    The previous policy allowed references to competitors
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    ' trademarks and comparisons as long as they were "objective and informative" - the formulation can make one cringe, as it is clearly troublesome trying to ev
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    aluate objectivity when speaking of business competitors. As for the "informative" side of it... someone to actually PAY for an ad to be informative of someon
    ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
    e else's product/service, is as believable just like the existence of Santa Claus.

    It is really good to see Yahoo making a big step forward in regulating abu
    easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
    se and misuse of trademarks, even though that probably translates in some revenue loss for them, by having certain advertisers migrate to a "friendlier" place
    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    such as Google. According to Google's policies, "[...] advertisers may select trademarked terms as keywords or use them in the content of the ad. As a provid
    and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
    er of space for advertisements, Google is not in a position to arbitrate trademark disputes between advertisers and trademark owners. As stated in our Terms a
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    d Conditions, advertisers are responsible for the keywords and ad text that they choose to use. Accordingly, Google encourages trademark owners to resolve the
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    ir disputes directly with the advertiser, particularly because the advertiser may have similar ads on other sites. However, as a courtesy to trademark owners,
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    Google is willing to perform a limited investigation of reasonable complaints."

    The question is why would Yahoo change its policies and apparently offer Goo
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    gle an even bigger bite from the SEM cake? It is way too early to say now, and their official explanation is not entirely believable: Yahoo states to have had
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    the users' best interest in mind, by providing them with a better experience when searching terms that contain trademarks. Though this would make a laudable
    t?

    As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
    initiative with a good PR potential, experts know the search market is driven by large publishers and advertisers and not by the little surfing guys. Numerous
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    speculations can be made: threats of large legal actions from trademark owners, pressure from certain groups of interests are among the most vehiculated ones
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    . However, a more plausible one is that Yahoo makes preparations for a much larger scale movement destined to influence the market in a manner we cannot ant
    .

    As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
    icipate just yet.

    Until further industry news, there's one thing to rejoice: from now on, no "better than Botox" ads on Yahoo and their partner sites!

    * - t
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    he products and services covered by the new policy are: Sponsored Search, Local Advertising, Search Submit, Product Submit, Travel Submit and Directory Submit


    tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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