Trademark Aspects of Pharmaceutical and Biotech 2010

Overview

Why You Should Attend

In the pharmaceutical industry, trademarks are an increasingly valuable tool for perpetuating consumer demand long after the underlying patent has expired.  In addition, the cost of getting a major brand name to market has risen dramatically as private companies and the FDA struggle to prevent drug name confusion and the resulting medication errors.  Trademarks have also taken on increased importance in research facilities and venture capital start-ups as these entities seek to build the reputations of their research programs and the products they originate and license.  This program provides an in-depth briefing on the latest trends and case law involving trademarks in the pharmaceutical and biotech industries.  The program is presented by industry and trademark law specialists who will speak on current developments in this highly specialized and fast-moving field.

What You Will Learn

• Trademark selection and worldwide clearance for brand names in the pharmaceutical industry
• Obtaining FDA approval of pharmaceutical brand names
• Issues with name confusion and medication errors
• The role of trademarks in research and technology transfer
• Why university licensors restrict the use of the university’s name
• Recognizing the value of trademarks in biotech patent licensing
• Trade Dress including recent case law and enforcement of rights
• How and when to register your client’s pharmaceutical or biotech Trade Dress

Who Should Attend

General practitioners, patent attorneys, trademark attorneys, paralegals experienced in the field of intellectual property law, and business professionals and in-house counsel in the biotech and pharmaceutical industries.

Special Features

Live Webcast - Simultaneous live webcast of the San Francisco session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Program Overview

Anne E. Aikman-Scalese, Norman (Nick) P. Soloway

9:15  Pharmaceutical Trademark Adoption, Clearance, and Enforcement

• Selecting and clearing a worldwide brand  
• Family of marks and house marks – a good idea or bad medicine?
• Obtaining FDA approval of brand names and avoiding confusion that leads to medication errors
• Years to market – keeping the U.S. Intent-To-Use Application alive pending approval
• Special issues in policing the pharmaceutical trademark
• Q&A

Susan J. Hinchey, Robert E. Lee, Jr. (via videoconference), Norman (Nick) P. Soloway 

10:15  Life Science Trademark Issues from the University Perspective

• Trademarks in technology transfer
• Branding research units
• “Use of Name” considerations for universities
• Recognizing the value of trademarks for attribution purposes

Nina Ossanna

Trademark Licensing in BioTech

• Trademark selection and clearance for private sector licensors
• Licensing a trademark with the technology – new opportunities and new responsibilities
• Case study in amending the technology license to include the licensor’s trademark
• Q&A

Anne E. Aikman-Scalese

11:15  Networking Break

11:30  Non-traditional Trademarks and Trade Dress Considerations

• Brief survey of some non-traditional pharmaceutical trademarks and Trade Dress
• Recent case law developments
• Federal trademark registration of Trade Dress – how and when to do it
• Protection and enforcement of rights in the overall look and feel of the product and the packaging

Ian K. Boyd, Heather Dunn

12:30  Adjourn

Faculty

Co-Chair(s)

Anne E. Aikman-Scalese, Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C.
Norman (Nick) P. Soloway, Hayes Soloway, P.C.

Speaker(s)

Ian K. Boyd, Harvey Siskind LLP
Heather Dunn, DLA Piper LLP (US)
Susan J. Hinchey, Corporate Trademark Manager, Allergan, Inc.
Robert E. Lee, Jr., Assistant General Patent Counsel Patents, Trademarks and Copyright, Eli Lilly and Company
Nina Ossanna, Ph.D., Director of Business Development, Special Projects in Life Science, BIO5 Institute at UA, Office of Technology Transfer at UA

Program Attorney(s)

John M. Mola, Practising Law Institute

CLE Credit

Travel Information

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800.

San Francisco Hotel Accommodations

The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.

Due to high demand we recommend reserving hotel rooms as early as possible.