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ARTICLE · 06 NOVEMBER 2019

Restrictions And Conflicts – Challenges Faced By Pharmaceutical Trademarks In China

Trademarks represent one of the most essential competitive and strategic assets of a company. When considering how consumers identify their choices among other alternatives, trademarks are key

ChinaIntellectual Property

Trademarks represent one of the most essential competitive and strategic assets of a company. When considering how consumers identify their choices among other alternatives, trademarks are key. Because pharmaceutical products play an important role in public healthcare, the protection of pharmaceutical trademarks brings special challenges, particularly when it comes to a pharmaceutical product's name, generic name and public interest.

Restrictions on registration

According to the relevant law, the registration of pharmaceutical trademarks has numerous restrictions. Pharmaceutical trademarks should have distinctive features and must not conflict with any pre-existing lawful rights of others in order to qualify for registration. When a pharmaceutical trademark is only a direct representation of the quality, primary raw materials, functions, intended purpose, weight, quantity or other characteristics of the relevant pharmaceutical product, the China Trademark Office

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