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Jul 07, 2009
Franck Soutoul, Inlex IP Expertise, France
Jean-Philippe Bresson, Inlex IP Expertise, France


France and OHIM differ on similarity of pharmaceuticals...


Franck Soutoul, Inlex IP Expertise, France, Jean-Philippe Bresson, Inlex IP Expertise, FranceOn April 17, 2009, in Laboratorios Azevedos-Industria Farmaceutcia S.A. v. Orchid Healthcare Ltd, the Opposition Division of the OHIM upheld that pharmaceuticals and food supplements were similar because they both pertained to class 5. This decision eludes the usual similarity criteria and contradicts with the French law which rules the same situation differently. It also takes opposite direction with what the French case law.  read more