Adopting a strong brand for a pharmaceutical product cultivates an attractive image and embeds recognition of quality among consumers. This ultimately drives customer loyalty and commercial success. Brand value drives sales in the face of competition, something which is particularly important once a product is off-patent. Unlike a patent, registered trade mark rights are potentially perpetual.
Branding a new pharmaceutical is a complex and lengthy process with many creative and legal considerations. We guide our clients through this process, including trade mark clearance, checks of generic names (INNs) and pre-existing pharmaceutical names.
We recognise that our clients need IP advice that is based on a detailed and nuanced understanding of their brands and commercial drivers. Our broad experience across the full spectrum of IP rights, including trade marks, copyright and designs, allows us to develop comprehensive protection and enforcement strategies.
Our thinking on protection and enforcement of IP goes beyond the merely routine. Instead, informed by our extensive experience of enforcement, we seek to identify and protect all viable forms of IP from the conventional to the non-traditional. If and when the need for enforcement arises we are skilled in deploying sophisticated arguments to maximise the effectiveness of that IP, whether in court or in settlement negotiations. When it comes to commercialising our clients’ IP, we work closely with our Transactions group on deals relating to development, manufacture, distribution and licensing.