Specific exemption: a necessity for pharmaceutical trademarks?
Specific exemption: a necessity for pharmaceutical trademarks?
Clinical trial, Marketing Authorization Application and genuine use of a trademark.
Should pharmaceutical trademarks benefit of a specific exemption for demonstrating their genuine use ?
(Copyright free taken from data base pxhere.com)
The Court of Justice of the European Union (CJEU) confronts its traditional case law to the particular frame of pharmaceutical trademarks’ genuine use appreciation.
Traditionally, case law established a relative tolerance to the condition of genuine use since the latter can be recognized for goods and services whose commercialization is not effective yet, but under way (CJEC, Ansul, March 11th, 2003, C-40/01).
Besides, it has already been specified that only obstacles that present a relation sufficiently direct with a trademark making impossible or unreasonable its useand that are independent from the will of the trademark’s owner can be qualified as “proper reasons” for non-use.
VIDON Group supportive of China
At the beginning of the New Lunar Year of the Rat’s, China is experiencing exceptional health measures.
Following the traditional Spring Festival Holidays, the resumption of work was postponed by the authorities to Monday, February 10, 2020 for the city of Shanghai.
During this period, Vidon Shanghai and its teams are committed to continuing to assist ou clients, in accordance with the exceptional measures, and stay at your disposal.
VIDON Group, in solidarity with China
Introducing the French & European perspectives for Design and Trademark systems
During her trip in Taiwan, Soazig will also attend a major meeting which will take place in Taipei on November 6-8: The WIPF (World IP Forum).
At the invitation of TWPAA (The Taiwan Patent Attorneys Association), Soazig THEMOIN will give a lecture on November 7 at the National Taipei University of Technology where she will introduce the French & European perspectives for Design and Trademark systems, comparing to Asian system and represent the French Patent & Trademark Attorneys Association at this occasion.
Vidon IP Law Group will attend the APAA meeting held from November 9th to 12th
Established in Asia for more than 20 years, VIDON IP Law Group will attend the next APAA which will take place in Taipei (Taiwan).
Two of our Partners, Soazig THEMOIN (Paris Office) and Chalinee SRIPRASART (Bangkok Office), will be the face of the Group during this major meeting of IP professionals in Asia.
Using your name as a trademark
