Issue 071
  November 2016
Contents:
 

MARQUES Chair Uwe Over – a video interview

>  
 

IR challenges addressed at MARQUES seminars

>  
 

What you need to know about the Enforcement Database

>  
 

Scale of pharmaceutical counterfeiting

>  
 

Brazil set to join Madrid Protocol

>  
 

Update from WIPO on Nice Classification

>  
 

Trade marks in Africa – an update

>  
 

The pluses and minuses of licensing your brand

>  
 

Luxury Brand Symposium and other events

>  
 

MARQUES Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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MARQUES Chair Uwe Over – a video interview

 


MARQUES Chair Uwe Over took a few minutes during the Annual Conference in Villaitana to discuss MARQUES activities and achievements, reflect on his term as chair, and comment on IP trends and hot issues

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IR challenges addressed at MARQUES seminars

 

 

MARQUES hosted three seminars on International Registrations and US designations last month, featuring presentations from WIPO and the USPTO as well as local trade mark specialists

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What you need to know about the Enforcement Database

In the workshop that took place on 22nd September during the MARQUES Annual Conference in Alicante, Blanca Arteche, Heike Schulz and Miguel Fayos gave attendees their points of view regarding the Enforcement Database (EDB) platform. Sonia Santos reports

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Scale of pharmaceutical counterfeiting

 

 

 

An Observatory report estimates €10.2 billion in lost revenue each year across the EU due to counterfeit pharmaceuticals. MARQUES Anti-Counterfeiting and Parallel Trade Team reports


The European Observatory on Infringements of Intellectual Property published a report entitled “The Economic Cost of IPR Infringement in the Pharmaceutical Industry” in September 2016. It aims to quantify the impact of counterfeit medicines (patented and generic for all kinds of indications) on the pharmaceutical industry across the EU. Its findings and conclusions are indeed astounding, estimating losses at the equivalent to 4.4% of legitimate sales of pharmaceuticals each year.

The study focuses on the effects of counterfeit medicines at the manufacturing and wholesale trade stages and measures the scale of two main economic impacts, namely direct and indirect:

Direct impact

  • €10.2 billion in lost legitimate sales per year across the EU which are directly related to the pharmaceutical sector
  • 37,700 lost jobs in the pharmaceutical sector across the EU as a result of loss in salesAdditional €7.1 billion of revenue lost annually in related sectorsAdditional decline in employment of 53,200 jobs in other sectors of the EU economy due to loss in sales in the corresponding sectorsReport on The Economic Cost of IPR Infringement in the Pharmaceutical Industry

Indirect impact

  • Additional €7.1 billion of revenue lost annually in related sectors
  • Additional decline in employment of 53,200 jobs in other sectors of the EU economy due to loss in sales in the corresponding sectors

Thus, the report estimates that the total direct and indirect effect of lost sales in the EU amounts to an average of €17.3 billion for the period 2008-2013. Consequently, it is assumed that illicit producers and distributors do not declare their activities and earnings to the authorities which also results in negative repercussions on government revenue. The total loss in this regard is roughly estimated at €1.7 billion per year across the EU in terms of household income taxes, social security contributions and corporate income taxes.

The study highlights that the greatest impacts of counterfeiting within the EU in the pharmaceutical industry are observed in Italy (€1,590 million) and Spain (€1,170 million) which suffered effects in lost sales that were above the EU average, followed by Germany and France.

Finally, the report underlines the serious health consequences of counterfeit medicines which may ultimately also have economic effects that are difficult to quantify.

The full report can be found on the Observatory website: Report on The Economic Cost of IPR Infringement in the Pharmaceutical Industry

 

 

By Marylyn Farrugia Sant’Angelo (Salomone Sansone)

 

 

 

 

 

and Tapio Blanc (F Hoffmann-La Roche) of the ACPT Team

 

 

 

Brazil set to join Madrid Protocol

 

Update from WIPO on Nice Classification

The Brazilian government has made a commitment that the country will join the international trade mark system by mid-2018

 

The Committee of Experts has approved the 11th Edition of Nice Classification, which will come into effect on 1st January 2017

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Trade marks in Africa – an update

 

 

A new paper by the International Trade Mark Law & Practice Team, available on the MARQUES website, provides a guide to trade marks across Africa. Mariëtte du Plessis and Stephen Hollis introduce the key points. (Click on the map to see a larger version.)

Read More >>
The pluses and minuses of licensing your brand

In the second in a series of articles discussing various aspects of licensing brands, members of the MARQUES IAM Team discuss the disadvantages of brand exploitation through licensing and what a brand licensor should always consider before venturing on a licence journey

Read More >>

Luxury Brand Symposium and other events

 

MARQUES Media Roundup

MARQUES will host its second Luxury Brand Symposium in Hong Kong on 16th and 17th March 2017

 

 

Do you read MARQUES blogs and social media? If not, this is some of what you have missed!

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