The Problem With Medicine Trade Marks

Date: 14 Oct. 2008

The Problem With Medicine Trade Marks

Much has been written recently about the problems that pharmaceutical trade marks are causing both the to the industry and to the consumer.

Many drugs (which have a natural name by way of the composition of the drug) are branded by an alternative name.

The difference between the real name and the brand name is so vast and the brand name is often the more simpler of the two, that consumers refer to the drug by the brand name.

This in many respects stifles competition. The consumer, when looking for treatment of a certain illness or ailment, will search for the brand name (for example Viagra) and not for the actual drug (which of course could be sold by other companies under a different name).

Michael Hochman, of Harvard Medical School states "It creates an impression that the brand is the medicine and that alternatives are inferior. This is a particular problem once drugs go out of patent and generic versions become available for a fraction of the price".

He also believes that the problem lies in the fact that the 'real' name of the drug will often be so complicated that the consumer will naturally refer to the less complex brand name.

Jody Tsigarides is a Trainee Solicitor who specialises in trade mark law.

Source: http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/4107-The-Problem-With-Drugs-And-Trade-Marks.htm