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ARTICLE · 21 MARCH 2022

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Trademark Infringement In The Pharmaceutical Sector

Khurana & Khurana, Advocates and IP Attorneys
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India's pharmaceutical industry is prospering, with tremendous expansion over the last few decades. The Indian government is working hard to promote this business by enacting and implementing laws...

IndiaIntellectual Property

Introduction

India's pharmaceutical industry is prospering, with tremendous expansion over the last few decades. The Indian government is working hard to promote this business by enacting and implementing laws that are in line with international norms. Intellectual property rights protection is becoming increasingly important for businesses as the market expands and industry participants invest. Despite the fact that Section 13 of the Trade Marks Act of 1999 prohibits the use of chemical names as trademarks, it is normal practise to name a drug after the organ it treats ("Liv" for the liver, for example), the condition it cures, or the treatment's principal ingredient.Since a generic organ, disease, or ingredient cannot be trademarked, no one can own it. There is a profusion of similar and often confusing trademarks for drugs as a result of the Trade Marks Registry enabling brand names containing the primary chemical ingredient, organ, or ailment to be registered.

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