Advice You - Internet and Businesses Online

Ian McMillan registered the internet domain name TrivialPursuits.net and won the right to continue using it, after

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

a challenge from Horn Abbot, the makers of the board game, failed to stop him using the domain name. The makers o

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

the Trivial Pursuits board game failed to obtain the TrivialPursuits.net domain name from the person who said he

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

registered the name to lament life's loss of individual creativity.

This decision has gone against the long estab

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

ished principle that once a brand is "well known", the Uniform Dispute Resolution Policy (UDRP)1 part of the World

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

Intellectual Property Organisation (WIPO), would be able to effect the transfer of the name. However, in this cas

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

, the panel was unclear about the intentions of the respondent, and his motive for registering the domain name. Th

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

e panel did not believe that there was enough evidence to support an application for bad faith activity on behalf

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

f the respondent.

Respondent Ian McMillan informed the WIPO panellist that he bought the name with with the inten

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

tion of creating a website dealing with "the 21st Century's unique trivial pursuits, specifically the fact that mo

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

t aspects of life now involve a commodity as opposed to individual creativity, from sex to salvation via surgery a

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

nd sweeteners". Currently, the site is only one page long, and refers to the WIPO case as "a fine example of a qui

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

e unnecessary and utterly trivial pursuit," adding that more content will be added, "but at the convenience of my

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

lazy nature."

There was little evidence of bad faith found by the panel, although McMillan does not appear to hav

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

intention of using the website.

Comment: Usually in cybersquatting cases where there "is no use of a sign in the

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

course of trade" plus difficulty in establishing trade mark infringement or passing off, the UDRP approach is the

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

recommended recourse as it is far cheaper and sometimes quicker.

If you require further information contact us.

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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