UCP Gen Pharma’s “Revasc” pharmaceutical trade mark to remain on register
UCP Gen Pharma AG v Mesoblast Inc  FCA 210
On 15 March 2012, Justice Jessup of the Federal Court of Australia exercised his discretion to allow UCP Gen Pharma’s “Revasc” pharmaceutical trade mark—indicated for use in the prophylaxis and treatment of venous thrombosis for hip and knee operations—to remain on the Register of Trade Marks, notwithstanding the fact that the mark had not been used in Australia during the statutory three year “non use” period.
In reaching this decision, Justice Jessup referred to and applied the principles relevant to the exercise of the court’s discretion as recently clarified by the Full Court in Austin, Nichols & Co Inc v Lodestar Anstalt.
An in-depth analysis of this case will be published on our website shortly.