Journal Article

Pharmaceutical trade mark practice in Poland

Marcin Ozog

in Journal of Intellectual Property Law & Practice

Volume 5, issue 11, pages 770-777
Published in print November 2010 | ISSN: 1747-1532
Published online September 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq127
Pharmaceutical trade mark practice in Poland

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Legal context

This paper reviews the issue of pharmaceutical trade mark registrations in Poland, focusing on selected specific factors conditioning the registrability of such trade marks.

Key points

Weak distinctiveness of pharmaceutical trade marks resulting from attempts to make them similar to common names of the products may lead to refusal of registration on absolute or relative grounds. The issue of registration of pharmaceutical trade marks is interrelated with pharmaceutical regulatory affairs, therefore close cooperation is needed between the Patent Office and the registration authority.

Practical significance

The paper aims to help practitioners optimize their choice in applying to have their pharmaceutical trade marks registered in Poland.

Journal Article.  5597 words. 

Subjects: Arbitration ; Intellectual Property Law

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