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The
patent position on Hepatitis vaccines (Engerix and Havrix)
and on Infanrix and LYMErix is highly complex. GlaxoSmithKline
is licensed under several US patents pertaining to Engerix,
the latest of which expires in 2014. A recently granted US patent
pertaining to Havrix expires in 2017. For Infanrix
US patents expire during or after 2014. GlaxoSmithKline is licensed
under a US patent covering LYMErix that will provide protection
until 2014.
GlaxoSmithKline highly values its intellectual property and believes that
its worldwide portfolio of patents and trade marks is of particular value.
Intellectual property includes patents, trade marks, registered designs and copyrights.
Patents
GlaxoSmithKline has obtained patents in many countries for the significant products discovered or developed throughout its R&D activities.
Patent protection is available in the United States, Europe, Japan and most other significant markets for new active ingredients, as well
as for pharmaceutical formulations, manufacturing processes and medical uses.
GlaxoSmithKline continues to have patent protection for one or more forms of most of its key pharmaceutical products in major markets and,
in addition, either has obtained patents or anticipates that patent protection will be granted for the new drugs, which are in development.
However, the absence of effective patent protection for pharmaceuticals in some developing countries continues to have an adverse effect on
pharmaceutical companies, including GlaxoSmithKline.
GlaxoSmithKline is routinely engaged in disputes over its patented
products and processes to protect its intellectual property rights
(see Note
31 to the Financial statements ‘Legal proceedings’).
Trade marks
All GlaxoSmithKline’s pharmaceuticals products are protected by registered trade marks in major markets, and GlaxoSmithKline pursues
a policy of enforcing its trade mark rights vigorously against infringements and other unauthorised uses. These trade marks are used in many
countries, although there may be local variations for each. For example, in the United States, the trade mark Paxil is used instead of Seroxat and Advair is used instead of Seretide.
Trade mark protection continues in some countries as long as a trade mark is used and renewed at appropriate times. GlaxoSmithKline’s
trade mark with respect to a pharmaceutical product generally assumes increasing importance when the patent for that product expires in a
particular country.
Intellectual property - Consumer Healthcare
GlaxoSmithKline’s Consumer Healthcare businesses are brand-oriented
and the company considers its trade marks for these products to
be of particular value. Consumer brands are protected by trade marks
in the majority of the markets where these brands are sold, and
GlaxoSmithKline vigorously protects these trade marks from infringement.
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