campaigns & slogans. All of this giving a sense of excitement and freshness for the brand. Terry did mention a few negatives, infringements and the almost obligatory online problems from China. Terry also spoke about the allergy medicine FLONASE™ that has a similar success story to ALLI. Its life cycle has expanded into the paediatric market with advertising to match including a licensing arrangement with the Weather Channel™ in the US. “Are IP Courts in the EU unified?” That’s the question that Rob Jacob of Stephenson Harwood was jointly asking with Ian Hiscock of Novartis after the morning coffee break. Presented in a court-case style where each presented their arguments to the Judge (the delegates) Ian provided Applicant’s Ian Hiscock arguments from a patent perspective. Very informative, the Applicant succeeded in showing how much more the so called Unified Patent Court still needed to instil confidence in its abilities. It was felt that there was no harmony within the Patent world of IP, no unification within the EU. There was a call for more engagement with the Commissioner on IPR enforcement and that case-law needed more consistency. Similar arguments were presented by Rob for the Opponent. It was felt that there was a lot of conflict in the trade mark world: national laws v the Directive; inconsistent case law decisions; conflicting unregistered rights provisions; conflicting procedure – judges, timings, costs, evidence – the overarching effect was that there was, again, no harmony within the Trade Mark world of IP. Very similar to the Applicant’s arguments Rob Jacob there was a call for more harmonisation with regard to unregistered rights, quicker guidance from the CJEU and procedural harmonisation. Simmons & Simmons, in the guise of Frédérique Potin, brought the 8 technological aspect to the Conference. Wherever we turn it is technology that is driving everything and it is well that Pharma gets on board. However technology in the pharma Frederique Potin ́ ́ world can bring its own regulatory and branding challenges especially for applications (apps) or for web-based platforms. • e-health - health resources and healthcare are managed by electronic means; m-health - made up of the world of immaterial objects, the internet of things and connected devices; quantified self - practices that enable individuals to measure and compare info relating to life habits such as diet, age, physical activity, quality of sleep 3-d printing - reproduction of objects by binding successive layers of material. Belmora trade mark cancelled on the grounds that their Mexican mark was being misrepresented in the US. Unfortunately this decision was overturned by the US District Jeffrey Gitchel Court and the US trade mark re-instated. The owner of a foreign mark cannot use the rights in that mark to assert priority rights over a mark that is registered in the US. This case is ongoing as the District Court’s decision is being appealed by Bayer. The German part of the question was adequately answered by Morten Petersenn of Hogan Lovells. Morten spoke of the Hard Rock Café, Germany and the Hard Rock Café, London. The German establishment had started life a few years prior to the larger well known global London chain. Using an identical name and a similar type logo it was found that although they had been established prior to the London global chain it had Morten Petersenn not made much attempt to differentiate between the two brands thus duping customers into believing that when in Heidelberg they were having an experience based on that of the well-known chain. Unfair competition was considered. This protects competitors and consumers and trade mark owners can use this law to sue 3rd parties where appropriate. The conclusion of the Supreme Court of Germany was that there was a definite intent on the part of the German entity to mislead consumers. After five years the Heidelberg entity will be asked to pay damages to the trade mark owners in a well won victory. On that victorious note, our gracious Chariman then eloquently summarised the Conference, praising the venue, the organisers and bidding everyone ‘adieu’ with a nod to Oslo in Autumn 2016. Well done PTMG! Onward and upward. • • • The first 3-d printed tablet SPRITAM™ was authorised by the FDA in August 2015 and is adapted to the patient (for use in epilepsy). Frédérique spoke about two other drugs, one that can be ingested and then vital information gathered from the patient by using the means mentioned above and the other that records information that is linked to the patient’s pharmacy. How are these technological advances qualified from a trade mark perspective - are they medical devices or are they manufactured items for medical purpose or even software? Data protection needs to be considered, consents need to be obtained. There is a public interest yet security measures need to be implemented to avoid unauthorised access. There is no doubt: the pharmaceutical world is evolving towards personalised care which brings exciting yet challenging change to the soft IP aspect of it all. How does one enforce a non-existing trade mark? Split between the US and Germany delegates were first enlightened by Jeffrey Gitchel of Bayer who spoke to the case in the US of the trade mark FLANAX™ which was registered in Mexico by Bayer. 3rd party Belmora owned the trade mark rights in the US. Belmora relied on confusingly similar marketing tactics and traded on the goodwill of the Mexican product (owned by Bayer) to rely on promotion for their US product. Although Bayer did not own a US trade mark they were able to get the