Paper Title
WHEN SIMILARITY BECOMES FATAL: TRADEMARK INFRINGEMENT AND PATIENT SAFETY IN THE INDIAN PHARMACEUTICAL INDUSTRY
Article Identifiers
Registration ID: IJNRD_309854
Published ID: IJNRD2510149
: https://doi.org/10.56975/ijnrd.v10i10.309854
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Keywords
Trademark Infringement, LASA Drugs, Pharmaceutical Branding, Patient Safety, Trade Marks Act, 1999, Drug Regulatory Framework, Public Health and Intellectual Property.
Abstract
The increasing prevalence of look-alike and sound-alike (LASA) medications in the Indian pharmaceutical sector has elicited significant concerns over trademark infringement and patient safety. This research examines how misleadingly identical drug names and packaging induce misunderstanding among consumers and healthcare professionals, resulting in medication errors, negative health consequences, and ethical responsibilities. This paper meticulously analyses the legal framework established by the Trade Marks Act of 1999, focusing on its relevance to pharmaceutical branding and the inadequate protections it provides against consumer fraud. The absence of coordination between the Trade Marks Registry and the CDSCO is identified as a fundamental regulatory deficiency, permitting concurrent approvals of deceptive trademarks that may jeopardize both intellectual property integrity and public health. The paper assesses the exploitation of trademark law for brand "evergreening," wherein rebranded pharmaceuticals with little modifications are promoted under new trade names to prolong exclusivity, hence raising ethical and legal issues. The research highlights the critical necessity for unified policy responses in India, informed by worldwide best practices, including WHO guidelines and regulatory frameworks from the USFDA and EMA. The report advocates for a cross-disciplinary regulatory strategy that combines trademark approval with medication safety measures. It also suggests improvements including pharmacovigilance systems, increased oversight for pharmaceutical brands, and AI-assisted brand monitoring to mitigate confusion and protect patient welfare.
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How To Cite (APA)
Bhagavathi M & Jeyamurugan S (October-2025). WHEN SIMILARITY BECOMES FATAL: TRADEMARK INFRINGEMENT AND PATIENT SAFETY IN THE INDIAN PHARMACEUTICAL INDUSTRY. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 10(10), b388-b393. https://doi.org/10.56975/ijnrd.v10i10.309854
Issue
Volume 10 Issue 10, October-2025
Pages : b388-b393
Other Publication Details
Paper Reg. ID: IJNRD_309854
Published Paper Id: IJNRD2510149
Research Area: Others area
Author Type: Indian Author
Country: Chennai, TAMIL NADU, Tamil Nadu, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2510149.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2510149
Crossref DOI: https://doi.org/10.56975/ijnrd.v10i10.309854
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