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Top Articles - Intellectual Property – Trade Mark Infringement – Advertisement
In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service call
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
ed CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was termin
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
ted. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online.
In the
In the
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared t
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
at it was the same service as that of the claimant’s. The defendant also advertised that they would offer subscribers of CCH Seminars
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription.
The claimant objected to these advert
The claimant objected to these advert
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
sements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. T
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
he claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
sought to rely on the claimants name and reputation to try to divert customers to the defendant’s competing service.
The claimant th
The claimant th
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
erefore issued a claim for trade mark infringement and applied for an injunction to restrain infringement of a registered trade mark
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
ontrary to s.10 of the Trade Marks Act 1994.
The claimant argued that the defendant’s use of the claimant’s mark:
▪ was dish
The claimant argued that the defendant’s use of the claimant’s mark:
▪ was dish
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
nest;
▪ took unfair advantage of the claimant’s mark; and
▪ was detrimental to the distinctive character or repute of
▪ took unfair advantage of the claimant’s mark; and
▪ was detrimental to the distinctive character or repute of
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
their trade mark.
The defendant did not accept the above allegations and contended that the use of the mark fell within s.10 (6) of
The defendant did not accept the above allegations and contended that the use of the mark fell within s.10 (6) of
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
the Trade Mark Act 1994, whereby it is permissible to use a trade mark for the identification goods and/or services.
The court held
The court held
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
that:
▪ the use of the claimant’s trade mark in the defendant’s advertisement fell within s.10(6) because the mark was identi
▪ the use of the claimant’s trade mark in the defendant’s advertisement fell within s.10(6) because the mark was identi
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
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
ying the service provided by the defendant; and
▪ the advertisement was not dishonest but rather a form of comparative advert
▪ the advertisement was not dishonest but rather a form of comparative advert
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
ising.
The application was therefore dismissed.
If you require further information contact us at enquiries@rtcoopers.com
Visit htt
The application was therefore dismissed.
If you require further information contact us at enquiries@rtcoopers.com
Visit htt
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php
© RT COOPERS, 2005. This Briefing Note does
© RT COOPERS, 2005. This Briefing Note does
.
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
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
not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances
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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