Abstract

GLOBAL SCENARIO ON TRADEMARK LEGISLATION FOR PHARMACEUTICALS: A REVIEW

Peddada Sreelakshmidivya*, Rubesh Kumar Sadasivam, Uma Maheshwar Rao Vatti Kuti

ABSTRACT

Trademark is a word, phrase, symbol and/or design that identifies and distinguishes the source of goods of one party with the other. In spite of the increase in the usage of the medicines in day-to-day life, the necessity for trademark registration also increased. Even though the term trade mark is known from ancient times, their protection and the regulations were framed and are in practice only after Paris convention (1883). In order to remove the insecurity aspects and also to expand the trade globally, there occurred many agreements, treaties and conventions, that are signed among the various countries of the world. This took many years for bringing the integrity among the countries, related to trade. In concern with the pharmaceuticals, they were classified under Class 5 of Nice Classification, which is in acceptance by more than 84 countries. As the medicine became the essential commodity, the registration of the trade mark has also become the need of an hour. This brings the awareness among the consumers to distinguish the registered products of the one company with that of the other. Thus, the misleading aspects regarding the drugs can be prevented in our Pharmaceutical industry, which ultimately keeps up the health of the society.

Keywords: Paris convention, Nice classification, Class 5, Madid system.