In 1979, the Government of India issued an order directing that single ingredient dosage forms of the following drugs: "analgin, aspirin, chlorpromazine, ferrous sulphate, piperazine and its salts," and any new single ingredient drug first introduced in India could only be marketed under generic names. In pursuance of such directive, no trademark could be registered in respect of such drugs; however, the order did not apply to drugs for export only.

By an official notice, dated March 9, 1994, the Government of India has withdrawn the 1979 order and it is now possible to register trademarks in respect of the foregoing categories of drugs.

This is considered to be a significant development, since it simplifies the procedure for registering trademarks in respect of drugs by removing the previous requirement that trademark applications covering pharmaceuticals be supported by an affidavit stating that the trademark is not used or proposed to be used in respect of the aforesaid drugs or that it is used or proposed to be used only in respect of drugs for export.

June 1994 Index