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WEDNESDAY, 3 MARCH 2010
Poland: Glazide is distinctive
This is a continuation of the story described in Class46's post entitled "Poland: Glazide differs from gliclazidium". Les Laboratoires Servier from France filed a cassation complaint. The Supreme Administrative Court in a judgment of 16 December 2009, case file II GSK 214/09, ruled that the sign GLAZIDE is representing a creative transformation of the name of an active ingredient (AI) that was proposed by the WHO. GLAZIDE has the distinctive character because it is a fanciful sign and it does not constitute either a name of a generic product, or the International Nonproprietary Name of the active substance of the Latin Gliclazidum (English: Gliklazide, Polish: Gliklazyd), nor does it directly inform about the characteristics (properties) of goods. Therefore, the SAC rejected the complaint.
Posted by: Tomasz Rychlicki @ 00.43
Tags: medicines, Poland, Polish courts, Polish law, Polish Patent Office, threshold for similarity, Supreme Administrative Court, Voivodeship Administrative Court, |
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