Medicines enjoy special regulation, including covering the name under which they are sold.
Even if the trade name of a medicine is registered as a trademark, it may not be used for the medicine in question unless a marketing authorisation issued by the National Agency for Medicines and Medical Devices (ANM) is obtained or an authorisation issued under the centralised procedure.
In choosing the trade name of a medicine, the manufacturer will have to make sure, on the one hand, that the requirements of the specific legislation applicable to medicines for the obtaining of the marketing authorisation are met and on the other, that the use of a name does not violate other earlier IP rights.
The principles of the European Medicines Agency Guideline CPMP/328/98 Rev 5 on the acceptability of names for human medicinal products processed through the centralised procedure were adopted in the Romanian legislation by decision of the Scientific Council of ANM no. 2 of February 2008.
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medical trademarks, European Medicines Agency Guideline, ANM, Algocalmin, Algozone