Featuring: Anurathna Mathivanan
A ‘Legal Issues Seminar – General IP’ (LIS-GP) was conducted by Anurathna Mathivanan, Associate on ‘Whether Pharmaceutical Trademarks derived from Generic Names can be Exclusive to a Proprietor?’. The seminar analyzed the relevant statutory provisions that restrict monopolization of generic names in pharmaceutical trademarks. The seminar delved into various judicial decisions that have examined the contours of inventiveness of pharmaceutical marks that incorporate generic drug names. The seminar also covered varying views taken by the Courts while granting interim injunction in cases where the pharmaceutical marks incorporate generic drug names. The session concluded with an interesting observation to determine whether there can be a threshold for exclusive use of pharmaceutical trademarks that are derived from generic names.
The presentation can be accessed here.
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