Unconventional Trademarks in the Pharmaceutical Sector

Abstract

In this chapter, an attempt has been made to understand the effects of non-traditional trademarks in the area of pharmaceutical products and issues of competition along with a normative case against the unconventional trademarks, further proceeding towards a discussion on inherently valuable freedom of expression and to assess why affording legal protection for non-traditional marks in this area may hamper access to medicine/health. In order to answer this question effectively, this chapter is divided into three parts: the first part explores the prevalence of non- traditional marks in the area of pharmaceuticals; the second part analyzes whether protection for non-traditional marks could pose impediments to access to medicine/health; and the last part ponders the issues of competition and freedom of expression with analytical approach.