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ARTICLE · 27 JULY 2018

Addressing Confusion Amongst Pharmaceutical Trademarks

A trademark is not simply a mark or a visual symbol that denotes the proprietor or the quality of a product, but goes far as crystallizing customer loyalty even after the expiration of a patent term for a medicament.

IndiaIntellectual Property

Big Pharma is a multi-billion dollar industry that acts as one of the cornerstones to a successful healthcare paradigm, while simultaneously pushing the envelope when it comes to technical and scientific advancement through a strong intellectual property portfolio. Its greatest challenge is striking a balance between financially exploiting its own trademarks to the maximum in an exclusive manner, while dispensing medicare services without disadvantaging any segment of its target market. The situation is exacerbated, not only by the differential application of trademarks in the pharmaceutical sector as it requires a higher standard of care, but also the intervention by Healthcare Regulation Agencies to ensure trustworthy, safe, distinctive drugs with a minimal likelihood of confusion.

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