A major pharmaceutical company has claimed alleged infringement of its trademark entitles it to an injunction preventing the roll-out by a rival of an inhaler for asthmatics.
GlaxoSmithKline (GSK) says Rowex Ltd is preparing to put on the market a product similar in its packaging to Glaxo's "Seretide" inhaler, which is the fourth highest selling pharmaceutical product in the world with more than $62 billion in global sales, including Ireland.
UK-based GlaxoSmithKline, along with GSK (Ireland) Ltd, trading as Allen and Hanburys, is to apply next month for an injunction preventing Rowex, a member of the Rowa group of pharmaceutical companies, proceeding with the launch of an inhaler called "AirFluSal".
GSK’s case alleging infringement of trade mark was admitted to the High Court’s fast track Commercial Court division on consent between the parties. The application for an injunction preventing roll-out of the product will be heard next month.
In an affidavit GSK's vice-president and trade mark counsel Joanne Green says her company has built up a valuable intellectual property over the last 15 years in the use of "the unique and distinctive colour purple" on its Seretide inhaler.
The AirFluSal inhaler, which contains the same generic active ingredient as Seretide, is also to be packaged using the colour purple, she says. This is a “blatant and unlawful attempt to piggy-back on the huge investment” made by GSK in relation to Seretide.
While there were multiple products with the same active ingredient already on the market, they have not copied the purple colour. GSK’s objection was to the combination by Rowex of purple with a device similar of shape to the Seretide inhaler.
Ms Green said if Rowex was to change the colour of its inhaler so that purple was no longer used GSK would have no objection to the shape of the AirFluSal device.
