n Without Prejudice - A landmark pharma case : intellectual property
|Article Title||A landmark pharma case : intellectual property|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Adams and Adams and 2 Adams and Adams|
|Publication Date||May 2012|
|Pages||10 - 11|
The South African Supreme Court of Appeal has handed down an important judgement for pharma trade marks. The case of Adcock Ingram v Cipla Medpro 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, SA Druggists, 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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