FDA can nix marks pre-PTO

Article Abstract:

The pharmacutical industry knows how important it is to select and clear their trademarks early in the product development cycle, what many of these firms do not know is that the FDA can object to a mark while the product is before the FDA for approval. Such objections can arise independently of US Patent and Trademark Office objections, even if the mark is already federally registered. The FDA's Labelling and Nomenclature Committee was set up to facilitate review of trademarks and labelling of products. The FDA criteria differ from the 'likelihood of confusion' criteria used by the PTO.

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Should the exemption from the Robinson-Patman Act apply to pharmaceutical purchases by nonprofit HMOs?

Article Abstract:

The US Northern District Court of Illinois decision in In re Brand Name Prescription Drugs Antitrust Litigation continued an inappropriate interpretive expansion of section 13c of the Robinson-Patman Act and indicated the need for a new interpretive theory. In order to avoid further undesired outcomes, courts should apply a changed circumstances interpretive theory to obsolete statutes such as 13c. This textualist and originalist theory would restrict courts from expansive interpretations of section 13 and thus signal to Congress their need to update the statute.

Interpretation and construction, Antitrust law, Health maintenance organizations

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The FDA: is it protecting the public with one hand tied behind its back?

Article Abstract:

There have been proposals to enhance the enforcement powers of the Food and Drug Administration (FDA) in response to crises such as the one involving silicone breast implants. Proposals include granting the FDA subpoena power, product recall powers, and the authority to levy civil monetary penalties. These proposals represent a balance between protecting the public health and the economic health of the drug industry.

Powers and duties

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