India clarifies pharma trade mark rules

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Gift this article