E-DRUG: Mandatory generic prescribing vs trade mark rights

Dear colleagues,

Here's an interesting situation on which I would appreciate comment.

A country decides to introduce mandatory generic prescribing in both
the public and private health care sectors. A multinational company
goes to court on grounds that this is a violation of trade mark
rights, that an innovator would have invested so much in researching
and developing a product that they have the right to insist that it
be left to the doctor (the prescriber) to choose which trade mark
they want prescribed.

I have an opinion on this, but could someone tell me if they have a
case here? What is the experience elsewhere? Which other country
practises mandatory generic prescribing?

Comment would be appreciated.

Bada Pharasi
Department of Health
Pretoria, South Africa