Remicade is a monoclonal antibody to treat
RA. This blockbuster biopharmaceutical product was developed and has been sold
by Centocor that is one of J&J groups.
A Korean company Celltrion developed a
biosimilar product to Remicade and obtained a Market Approval (MA) from KFDA in
2013. Further Celltrion filed an application on their biosimilar product to EMA
and has been trying to obtain MA, too.
On the other hand, Celltrion filed Remsima
as their trademark with KIPO. J&J opposed to the TM application but failed
in opposition. And Celltrion succeeded to register Remsima as their trademark
for their new biosimilar products.
J&J filed an invalidation trial to
Remsima TM registration before the IPT within KIPO. But Celltrion prevailed on
the IPT proceeding. The losing party J&J appealed against the IPT decision to
the Korean Patent Court. The two subject trademarks in dispute are shown below.
On August 18, 2014, the Patent Court
rejected J&J's appeal finally. The Patent Court held that Remsima TM registration
shall be valid because Remsima is not similar to Remicade in their sounds,
shapes and meanings. The losing party J&J may appeal to the Supreme Court
again.
