E-DRUG: drugs with the same trade name (3)
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The reasons for same or similar brand names being used
for the same medicine are as follows:
(1) In India, neither the Drugs Controller General,
India (DCGI) nor the state level Food & Drug
Administrations register the brand names. These bodies
are responsible for approving medicines, issuing
manufacturing licences and monitoring the
pharmaceutical manufacturing and marketing activities.
(2) The brand names of not just medicines but all
other articles are registered by the Trade Mark
Registry.
(3) Rules concerning trade mark registrations permit
the use of the same/similar brand names for articles
falling under different categories of items. For
example if Honda name is registered for automobiles,
then it cannot be used by another car maker but it can
be used for a soap or medicine.
(4) Salt in not a medicine, hence a company can use
Lona even if a medicine is available under the same
brand name.
(5) It is not compulsory to register all brand names.
Companies get trade names registered on a voluntary
basis for protection of their property rights and
goodwill.
(6) There is a big chance that brand names given by
Dr. Rao are not even registered or some may be
registered while others may not be registered.
The trade mark registration system needs to be
revamped so that instead of allowing same/similar
brand names for different articles falling under
different categories, there should be restrictions
when the articles are used by the same type of people.
For example low sodium salt (Lona), even though a food
item, is used by patients (and sold by pharmacies)
while Lona (clonazepam) is also used by patients.
Dr. Chandra M. Gulhati,
Editor, MIMS INDIA
(Monthly Index of Medical Specialities)
503 Mansarovar,
90 Nehru Place,
New Delhi 110019.
India.
e-mail: indianmims@yahoo.co.in
or seeemgee@yahoo.co.uk
[Thanks for clarifying - however, I would submit that a DRA should register
the brand and generic names of each product! How can otherwise the DRA keep
track of what's on the market? WB]
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