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 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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article