Countering Likelihood of Confusion: The Dynamics between Generic Names and Brand Names of Medicines

Abstract

Inspite of expressed provision in the trademark act, 1999 that restricts the registration of names similar to chemical compound/generic names, there still exist brands that have names akin to generic names of the drugs. Similarly, there also exist pharmaceutical brands having orthographic or phonological similarity in the Indian market. This ground reality shows that the standard to test the deceptive similarity with respect to pharmaceutical products need to be revisited by the adjudication authority and the lawmakers. This paper delves into the perspective of patients in India regarding the challenges posed by confusing pharmaceutical brand names. In a country marked by diverse languages, cultural nuances, and varying levels of health literacy, patients face unique obstacles when navigating the complexities of medication. This study aims to contribute to the advancement of medication safety and patient empowerment in the Indian healthcare context.