TM Not Equal To Health Authority Authorisation ' Disclaimer Against Class 5 Pharmaceutical Registration To This Effect Now Compulsory

• Published date: 15 September 2022
• Subject Matter: Intellectual Property, Food, Drugs, Healthcare, Life Sciences, Trademark
• Law Firm: Adams & Adams
• Author: Adams & Adams

In order to curb misuse of pharmaceutical trade mark registrations, the Angolan trade marks office (IAPI) has issued notice 9/2022 which states that, going forward, all registration certificates for pharmaceutical trade marks in class 5 shall now contain the following disclaimer:

'This title grants the right of ownership and exclusive use of the trademark throughout the national territory, excluding the certification of the pharmaceutical product (registration and authorization for the introduction of the drug in the Angolan market), which is the attribution of the Department of the competent Ministry'

The requirement took effect for 29 July 2022.

The IAPI is taking this preventive measure in order to clarify that trade mark registration does not necessarily mean that a proprietor has obtained the necessary authority to launch a particular pharmaceutical product in Angola.

The IAPI does not have authority to approve medicines for commercialisation in Angola as this right is conferred by the National...