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Product Line Extensions and New Product
Development:
Trademark Considerations & Lawful Pre-Approval Communication
Strategies
October 29, 2009
View the Program Flyer here.
The October 29, 2009 Coffee,
Croissants and CLE Programfeatured a two-part
discussion on trademark issues surrounding pharmaceutical proprietary
names, and lawful pre-approval communications. Carole E. DeNatale, Of
Counsel, Porzio Bromberg & Newman, P.C., and Steven H. Hartman, Vice
President, Trademarks & Copyrights, Novartis Corporation led the
discussion on trademarks, and Linda Pissott Reig, Esq., Principal,
Porzio Bromberg & Newman, P.C., and Vice President, of Compliance
Services, Porzio Pharmaceutical Services, LLC led the latter
discussion.
DeNatale educated the attendees about the dual review
process and highlighted the often competing views and policies of the
U.S. Food & Drug Administration (FDA) and the U.S. Patent &
Trademark Office. She also described
FDA’s promotional and safety review of drug names. Hartman
provided insight into the lengthy process undertaken by a pharmaceutical
company to develop trademarks for its prescription drug
products.
Reig’s discussion focused on how pharmaceutical
companies can develop practices to avoid the appearance of unlawful
marketing and promotion in the pre-approval phase of drug
development. She provided a detailed look at
companies’ uses of press releases, websites, clinical trial
registration and results posting, interactions with medical
professionals and patients, and publication planning and reprint
distribution.

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