International Nonproprietary Names and Trademarks: A Public Health Perspective

• Autores: K. M. Gopakumar, Nirmalya Syam
• Localización: Journal of world intellectual property, ISSN 1422-2213, Vol. 11, Nº 2, 2008, págs. 63-104
• Idioma: inglés
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• Resumen

  • International Nonproprietary Name (INN) is a system of international nomenclature for pharmaceutical substances that is recommended by the World Health Organization (WHO). Commonly known as generic names, an INN may be used for marketing purposes by any manufacturer of a particular medicine without excluding other manufacturers of the same substance from doing the same. However, to maintain the nonproprietary nature of INNs and to ensure the future development of related INNs, it is necessary that INNs are not appropriated as trademarks. Hence, resolution 46.19 of the World Health Assembly of the WHO exhorts member states to regulate the use of INNs and discourage their use as trademarks. The Trade Marks Act of India specifically prohibits the registration of names that are deceptively similar to INNs. Nevertheless, there are reported incidents of marketing of drugs under names that are similar to INNs. The WHO has brought the same to the attention of the Drug Controller General of India. In this context, this study examines the law and policy relating to the use of INNs in different countries with specific reference to India, identifies deficiencies in the international and domestic institutions responsible for the regulation of INNs and makes some policy recommendations.