Non-Traditional Trademarks in the Pharmaceutical Sector
Over the years, many pharmaceutical companies have sought trademark protection for non-traditional aspects of their products. However, the potential consequences of granting such protection to pharmaceutical products have not received due attention from policymakers. In this context, this chapter examines the question of whether protection for non-traditional marks could adversely affect access to medicine/health. The chapter analyzes the potential consequences from a law and economics perspective. The chapter shows that protection for non-traditional marks in the pharmaceutical sector could pose significant barriers to access to medicine, particularly by increasing transaction costs and creating new barriers to generic entry. The study recommends that policymakers should take into account these public health aspects while framing policies with regard to non-traditional marks. The study recommends more rigorous use of traditional trademark doctrines like functionality to prevent the rise of non-traditional barriers to access to medicine.