Specific exemption: a necessity for pharmaceutical trademarks?
Clinical trial, Marketing Authorization Application and genuine use of a trademark.

Medecin  

 

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.   

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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

Sans titre

    First sound trademark published by the French Trademark Office !

    Protection of “non-traditional” trademarks is now available in France



First measures of the EU Trademark Package’s French transposition are in force since last December 11th.

Then, it is henceforth possible to file (and logically to obtain registration) of French trademarks considered as “non-traditional”, insofar as deprived of any graphic representation.

In theory, it can be sound, olfactory or gustatory trademarks, for instance.

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First Trademark Law in Myanmar : Save the Date !

The first Trademark Law in Myanmar has been passed and signed on January 30th, 2019, which implies that the country will have a specific system dedicated to trademark protection from 2020. Under old system (expiring at the end of this year 2019), trademarks were filed within Registry of Deeds. Yet, the new law implements “first to file” principle, including as regards existing Myanmar trademarks.

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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.