India clarifies pharma trade mark rules

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India clarifies pharma trade mark rules

India has published a list of names that cannot be registered as trade marks for pharmaceutical products that should provide greater protection to drugs makers

Last week it released a list of international nonproprietary names (INNs) as declared by the World Health Organisation. It runs to more than 120 pages.

Indian law firm Khaitan & Co says that section 13 of the 1999 Trade Marks Act prevents the IP Office from registering commonly used and accepted names of any single chemical element/compound of a chemical substance or preparation, INNs or words deceptively similar to INNs as trade marks.

If the Registrar of Trade Marks has already registered any INNs, then they are liable to be cancelled.

The IP Office is now expected to tell examiners to examine pharmaceutical trade marks for any similarities to the list of non-proprietary names.

more from across site and SHARED ros bottom lb

More from across our site

The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Clemens Heusch, head of global litigation and dispute resolution at Nokia, tells us why open conversations – and respectful challenges – lead to the best results
Siegmund Gutman, who joined Mintz one year ago, explains the firm’s approach to life sciences litigation and what it means for hiring plans
The merger of two IP boutiques could prompt others to follow suit and challenge Australia’s externally funded firms
Gift this article