The International Non-Proprietary Name (INN) system, as recommended by the World Health Organization (WHO), is a universal nomenclature for pharmaceutical substances. Familiar to many as generic names, an INN can be used by any manufacturer for marketing a particular medicine without barring other manufacturers of the same substance from doing the same. The central component of the INN system is the nonproprietary nature of the names, ensuring their development and preventing their appropriation as trademarks.
As stated in the WHO guidelines, having an international nomenclature for pharmaceutical substances, in the form of INN, is critical for the clear identification, safe prescription and dispensing of medicines to patients. It also facilitates communication and exchange of information among health professionals and scientists worldwide.
The non-proprietary nature of these names, as the name suggests, prevents them from being owned by any individual or company to designate or identify pharmaceutical substances. "The existence of an international nomenclature for pharmaceutical substances, in the form of INN, is important for the clear identification, safe prescription and dispensing of medicines to patients, and for communication and exchange of information among health professionals and scientists worldwide." - World Health Organization (WHO)
The Preamble of the TRIPS Agreement, amongst other things, aims to establish a mutually supportive relationship between the WTO and the WIPO as well as other relevant international organizations. As the WHO publishes a list of INNs, all members bound by the WTO and TRIPS Agreement, are required to comply with the terms of these agreements. Therefore, India is also under the obligation to do so.
Section 13 of the Trademarks Act in India clearly states that no word commonly used and accepted as a chemical element or compound or any name deceptively similar to an INN, is entitled to registration under the Act. Moreover, the Revised Draft Manual of Practice and Procedure makes reference to Section 13 with respect to INNs. It clarifies that this provision applies to all trademark applications made under class 5 for pharmaceuticals, pesticides, and veterinary substances.
Despite the legal provisions, a public search for some of the International Non-Proprietary Names indicates that there are a number of INNs registered as trademarks. There are a number of registrations for INNs like Paracetamol, Erythromycin, Ibuprofen, Xenon, Ciprofloxacin, etc.
However, it's worth noting that there have been instances where the Registry has objected or refused marks on the grounds of Section 13. Judicial precedents also indicate that the Courts have prohibited such marks from being registered.
The continued presence of registered INNs as trademarks highlights the need for ongoing vigilance and improvement in enforcement mechanisms. Collaborative efforts between the Indian Trademark Office and international organizations like INTA and PTMG can enhance awareness and facilitate proactive measures to prevent the registration of INNs as trademarks. Furthermore, it is imperative for the Trademark Registry to take proactive steps, including the cancellation or removal of improperly registered INNs, to align with international standards and obligations. This would not only strengthen the integrity of the INN system but also foster confidence in the Indian pharmaceutical industry and ensure access to affordable medicines for all.
The Indian Trademark Office has been working closely with international organizations to improve the functioning and efficiency of the Registry. In this context, it would be beneficial if international organizations like INTA, PTMG, and others collaborate with the Indian Registry to ensure that INNs are not registered as trademarks.
Moreover, it is crucial that the Trademark Registry takes suo motu action to cancel or remove INNs which have been registered or are in the process of registration. This is to comply with international standards and obligations.
In conclusion, the International Non-Proprietary Name (INN) system, recommended by the World Health Organization (WHO), serves as a critical universal nomenclature for pharmaceutical substances. It ensures clear identification, safe prescription, and effective communication among health professionals and scientists worldwide. India, as a member bound by international agreements such as TRIPS, is obligated to comply with the non-proprietary nature of INNs.
Despite legal provisions in Indian trademark law prohibiting registration of INNs, there have been instances of such names being registered as trademarks. However, judicial precedents and efforts by the Indian Trademark Office demonstrate a commitment to uphold international standards and obligations.
Moving forward, collaboration between international organizations and the Indian Registry is essential to prevent the registration of INNs as trademarks. Moreover, proactive measures, including suo motu action by the Trademark Registry, are necessary to ensure compliance with international standards and obligations. By safeguarding the non-proprietary nature of INNs, India can contribute to the global effort of ensuring access to safe and affordable medicines for all.
While the process might seem complicated, trademark experts can help make it easier. Do not hesitate to get in touch with us if you have any questions at info@ccoffice.in or connect at 9988424211. We have in-house team of industry veterans who have seen thousands of such cases of trademark objection and can also help you to protect your IP.