PTMG 93rd Conference – Oslo, Autumn 2016 “A Taste of Trade Marks” Rachel Conroy, Partner at Boult Wade Tennant, London Oslo was the destination for this year’s Autumn conference and whilst poor weather can be expected from the region at this time of year, the sun shone beautifully for the 400 delegates in attendance. Norway, known for its strong economy and plentiful salmon, made for a fabulous location for the event. PTMG delegates from all over the world arrived at The Radisson Blu Plaza hotel for a welcome reception in the Sonia Henie Ballroom Foyer; the Ballroom being dedicated to the Norwegian Olympic Champion figure skater and film star of the 1920s and 30s. Chairman Frank Meixner welcomed the delegates in his opening remarks on the Thursday morning, noting the new and improved PTMG website which had launched only a few days earlier and thanking his colleagues for their efforts in its re-design. The speakers’ agenda promised to be as informative and valuable as ever to those involved with pharmaceutical trade marks. The first presentation given by Lars Alnaes from the Norwegian Pharma Association (LMI) on the topic of “The Norwegian pharmaceutical environment” was a great introduction to Norway and its Lars Alnaes pharmaceutical industry. Delegates learned of the importance of pharma in one of Norway’s key markets: sea farming, in which following the introduction of vaccines to salmon, a previously heavy reliance on antibiotics was dramatically reduced and the level of fish production increased. Salmon being a valuable commodity to Norway (and more sustainable than oil) means the importance of this cannot be underestimated. The next speaker was Thomas Gaarder-Olsen from Onsagers on “What is it like to be in Europe but not in the EU?” – a particularly hot topic for the British delegates! Thomas provided valuable insight Thomas Gaarder-Olsen into his topic, noting that the title was somewhat misleading since in many ways Norway is more integrated in 6 the EU than some EU member states. Delegates learned some of Norway’s history, dating back ten thousand years after the ice age when people started living in Norway, up to the current day, when Norway’s GDP per capita is one of the highest in the world. For trade mark practitioners, Thomas reminded delegates that EU trade mark practice and case law is relevant in Norway and, importantly, that Norway is not covered by the EUTM. After a coffee break Wojciech Kreft from Novartis gave this year’s Founders Lecture on the topic of “The EU Trade Mark Reform”. This too has been a hot topic this year and it was interesting to hear some of the reasoning Wojciech Kreft behind the reform. Wojciech took delegates through the key parts of the reform, pointing out that there are many more that the forty minute slot could not accommodate. The Chairman who was involved in the reform, was able to provide an intriguing insight into the compromise involved in the goods in transit provision which was the subject of much political influence and resistance. Next to speak was Chris Foreman of Merck Sharp & Dohme (Europe) Inc. on “Parallel Imports – where are we now?” Chris talked delegates through the established law on parallel Chris Foreman imports; a fascinating and complex topic. He guided the audience through the rules in place relating to re-affixing trade marks, re-packaging and re-boxing, and when this is a necessity in practice. Chris was able to provide useful insight into how the packaging of pharmaceuticals has moved with the times: how nowadays more multiples are generally available and how this sits with the necessity condition under the BMS case. Simon Baggs of Wiggin and Helen Saunders of Incopro took the difficult post-lunch slot and spoke on “ISP Blocking Injunctions – Scaleable Enforcement Remedies”. They offered suggestions and solutions for the huge challenge that is Helen Saunders and Simon Baggs posed by fake pharmaceuticals and a practical look at remedies for increasingly technical issues. It is a new and growing area of the law but appears to be one in which courts are willing to take a common sense approach and help with the ongoing battle against fake products on the markets. The next talk was on the subject of “Unjustified threats in the UK and pre-litigation communications” given by Clare Jackman of Norton Rose Fulbright, which applies to claims which would be brought in UK courts. Clare Clare Jackman gave a clear insight into what can be a difficult topic and reminded delegates that unjustified threats is a question of fact which can be implied or contingent on future events. She gave some important practice points and took an interesting look at the different approaches to this topic around the world. Jan Peter Heidenreich of Harmsen Utescher gave the International case round-up. This is a talk usually only given at the Spring conference but at the request of delegates it was being Jan Peter Heidenreich trialled at this Autumn conference. Jan Peter took delegates through some General Court and Board of Appeal decisions on absolute grounds of refusal, followed by EU case law on relative grounds. He also spoke on some German, UK and Canadian decisions, which provided a useful insight into how registries around the world are tackling pharmaceutical related cases.