n Without Prejudice - A landmark pharma case : intellectual property

Volume 12, Issue 4
  • ISSN : 1681-178X



The South African Supreme Court of Appeal has handed down an important judgement for pharma trade marks. The case of reconsidered the notion that pharmaceuticals sold on prescription are less likely to be confused because they are dispensed by trained professionals in regulated circumstances. In doing so the Court questioned the relevance of findings in a 1983 leading case, , also involving Adcock, in contemporary society. The effect of the case may result in a number of existing pharmaceutical trade marks becoming vulnerable to cancellation claims.

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