India Clarifies Trademark Rules for Pharmaceuticals

March 5, 2012 - PRLog -- (Sunnyvale, CA) - The Indian government has released a list of international non-proprietary names (INN) as recognized by the World health Organization, which cannot be registered as trade marks for pharmaceutical products. This move could provide greater protection of Intellectual property for pharmaceutical companies.

India’s Trade Mark Act of 1999 which came into effect on September 15, 2003, prevents the registration of commonly used and accepted names of any single chemical element / compound of a chemical substance or preparation, INNs and words deceptively similar to INNs used as trademarks.

If for instance an INN has already been registered by the IP Office, it can be cancelled. IP examiners will now be instructed to examine pharmaceutical trademarks for similarities to the list of non-proprietary names.

Indian courts have on many occasions ruled in favor of rights holders, especially in the pharmaceutical sector. For companies planning an international expansion, Trademark protection is one of the most important aspects of doing business in India. In addition to registering the trademark, it is imperative for companies to adopt various measures to protect their trademarks.

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