When Similarity Becomes Fatal: Trademark Infringement and Patient Safety in the Indian Pharmaceutical Industry
Year: 2025
Type: article
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.
Authors: Bhagavathi M, Jeyamurugan S
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7094945278