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

Cookies Settings

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

INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Gift this article