The use of trademarks helps ensure fair competition in the market, and with their help, information about the quality of a product can be conveyed in an accessible form. For example, in the pharmaceutical industry, using trademarks, you can obtain information about the effectiveness of drugs, their safety, and unique characteristics that distinguish these drugs from similar products from other manufacturers
Along with various elements in verbal, figurative, volumetric and combined trademarks, an international nonproprietary name is often used in their composition, which is done for the purpose of identifying the pharmacological composition and determining the active substance in the medicinal product.
The use of an international nonproprietary name in trademarks, due to its general availability and worldwide fame, greatly simplifies the work of manufacturers and avoids possible confusion and errors.
Before granting legal protection to an international nonproprietary name, WHO typically reviews the application and conducts an examination of the designation. The decision to approve the results is published after its adoption. For 26 months, the proposed name is outside the legal status of “International Nonproprietary Name” and acts as a National Nonproprietary Name, which differs in its validity period, ending with the date the designation is recognized as international and that it is protected only within the country.
As stated above, the international nonproprietary name can be used as the basis for creating a fancy word element in a trademark (for example, for a drug with the common international nonproprietary name "Ribavirin", the trade name "Ribamidil(R)" is used). An international nonproprietary name may also be included as an unprotected element in a trademark.
Thus, the international nonproprietary name refers to generally accepted designations, and therefore, their incorrect use can mislead the consumer. For this reason, a thorough comparative analysis of declared trademarks and international nonproprietary names that are recognized by WHO is carried out. Since there is a risk of violations when registering trademarks using the international nonproprietary name of a drug by any manufacturer, in any territory and without time restrictions, experts conduct a comparative search for the novelty of the verbal element of the trademark in the database of international nonproprietary names on the WHO website.
Still have questions?
