Open access to clinical trials through prospective clinical trials registries
Branding Of Clinical Trials · Branding of clinical trials is a good thing to do and a branding...
Transcript of Branding Of Clinical Trials · Branding of clinical trials is a good thing to do and a branding...
Branding Of Clinical Trials
PTMG Spring Meeting London 2014
Tapio Blanc
Outlook
1. Introduction by a true story and definition
3. Creation and checks of Clinical Trial Names
4. Registration of Clinical Trials
5. Database of names
6. Closing words
7. Discussion
Positioning of Clinical Trial Names in the
Lifecycle of Pharmaceutical Branding 2.
How it all began in 2006 ...
Cease & Desist
It’s mine! AVANT Clinical Trial
Name for Roche!
Cease & Desist Letter
• Previous Trademark Registration • Goodwill and Reputation • Confusion with Roche AVANT • Success/Failure of the Trial refers
to Avant Immunotherapeutics, Inc. • Misleads Scientists and Investors • Claim: Cease and desist using AVANT for clinical trials
Defence
Coexistence Agreement
“For the purposes of registration, a clinical trial is any research
study that prospectively assigns human participants or groups
of humans to one or more health-related interventions to evaluate
the effects on health outcomes. Clinical
trials may also be referred to as
interventional trials. Interventions
include but are not restricted to drugs, cells and other biological
products, surgical procedures, radiologic procedures, devices,
behavioural treatments, process-of-care changes, preventive
care, etc. This definition includes Phase I to Phase IV trials.”
Definitio
n
Looking at the scene ...
Pfizer Ireland Pharmaceuticals
CTM 4756631, Cl. 42 and 44
Novartis AG
Reg. No. 550909, Class 42
Novartis AG
Reg. No. 544674, Class 42
GlaxoSmithKline IP Ltd.
CTM 8806366, Class 42
Pfizer Inc.
Reg. No. 3321911, Class 42
Daiichi Sankyo Co., Ltd.
IR 1092172, Cl. 42 and 44 Almirall S.A.
IR 907728, Class 42
Biofarma
IR 904054, Class 42
Boehringer Ingelheim Int. GmbH
IR 1043578, Class 42
Nomenclature
Clinical Trial
«Athena»
Working Title/
Buzz Name
«Peg»
INN
peginterferon alfa-2a
Lifecycle of Pharmaceutical Branding
Trademark
PEGASYS®
Branding Opportunity?
Stakeholders
Scientists
In-House colleagues
Journalists
Patients
Investors
Doctors (GPs)
Hospitals, HCPs
Clinical
Trial
Names
Regulatory Bodies
RO460522
GO25632
GX4984
MO28230
WA29049
Acronym
Soprano
Egyptian Mythology
CLEOPATRA*
Breast Cancer = PERJETA®
+
HERCEPTIN®
pertuzumab + trastuzumab
Mountains
Matterhorn
Fuji
Mont-Blanc
Breast Cancer = KADCYLA®
trastuzumab emtansine
Female Names
EMILIA*
ROSALIND
CORDELIA
Breast Cancer = HERCEPTIN®
trastuzumab
Roman Numbers
DAUPHINE I
DAUPHINE II
for connected
studies
TH3RESA
KRI5TINA
«third line treatment»
«the five arm study»
Creation: Categories and
Examples
Compliance (Dont’s)
Clinical Trial Name Rationale
RAMBO, AMUSING, BYE-BYE, frivolous
VAMP
ASTON MARTIN famous trademark
EFFICIENT, MASTERPIECE, VICTORY too promotional
TRIUMPH, OPTIMAL, FANTASTIC
AWESOME (Angina With Extremely
Serious Operative Mortality Evaluation)
SURVIVE, CURE, MIRACLE too promising
ANIMALS misleading (veterinary preparation?!)
BATMAN comix
DEMON, DEVIL, DIOS religion and “ordre publique”
SMART diluted («me too!») more than 25 studies
Searches
Territories
• Basel
Tokyo
Performance of Clinical Trial?
Communication and Interaction of the Clinical Trial Name
X
√
San Francisco
•
•
Registration - Trademark Use?
A trademark/servicemark must designate
goods and/or services. If a pharmaceutical
company conducts clinical trials for its
very own purposes in R & D and brands
them with names and devices, it simply
does not qualify as proper trademark use.
Trademark Use?
Services X Services √
NO YES
No Trademark Registration
required
Trademark Registration
for exclusivity
No Watch required Initiate Watch
No Costs Attorney Fees
PTO Fees
Use of Clinical Trial Name
Classification of Clinical Trial
Names Class Wording Result
05 Pharmaceutical preparations
42 Conducting clinical trials for
pharmaceutical preparations
44 Medical services
Providing information about the results
of clinical trials for pharmaceutical
preparations
Conducting of scientific studies
X
√
X
X
X
The US PTO changed its previous practice, and will now only grant registrations
for the service of «conducting clinical trials for others». In fact, the wording «for
others» was added to the PTO’s ID manual (= US Acceptable Identification of
Goods and Services Manual) with a note explaining that conducting your own
clinical trial was not considered selling services in commerce (January 2012).
Comparison
Clinical Trial Name Registration No Registration
Use of brand allowed
Notification effect of PTO
Blows up your portfolio
Defensive effect of PTO
Psychological effect
of PTO registration
X
√
X
X
X
Clutters up PTO
Watch Service
Registration mandatory
for Regulatory Authorities
Pressure on health cost
Costs for 15 names a month
√
√ √
150’000 = month √1’800’000 = year (Swiss Francs)
√
√
√
√
√
X
X
X
X
X
X
Saves Headcount √ X
Clinical Trial Names Create your own Database
Overview
Control
Order
Reserve Brands
Function
Name
Project No.
Client
Trademark
INN
Indication
Territories
Date In
Date Out
Use (Yes/No)
File location
Availability
Parameters
Simple
Cheap (free)
Easy to transmit
Covers your needs
Software
Be careful, smart and wise in the creation of names. It avoids confusion
and makes your pipeline distinctive in communications
Closing Words
√
√
√
√
√
Branding of clinical trials is a good thing to do and a branding
opportunity in the modern world
Process legal, compliance and linguistic checks
Trademark registration is not mandatory or necessary, but might
be recommendable under special circumstances
In a conflict situation stipulate a coexistance agreement or
switch the name
Create and maintain a simple clinical trial names database
√
Determine a tailormade strategy and process how your company can
manage its own clinical trial names
The study that your company runs for itself does not qualify as
trademark use
√
√
The proper management of clinical trial names has become
«best practice» in our industry
√
© Tapio Blanc 2014
Your Questions? My
answers!
Doing now what patients need next