WHEN SIMILARITY BECOMES FATAL: TRADEMARK INFRINGEMENT AND PATIENT SAFETY IN THE INDIAN PHARMACEUTICAL INDUSTRY

The increasing prevalence of look-alike and sound-alike (LASA) medications in the Indian pharmaceutical sector has elicited significant concerns over trademark infringement and patient safety.This research examines how misleadingly identical drug names and packaging induce misunderstanding among consumers and healthcare professionals, resulting in medication errors, negative health consequences, and ethical responsibilities.This paper meticulously analyses the legal framework established by the Trade Marks Act of 1999, focusing on its relevance to pharmaceutical branding and the inadequate protections it provides against consumer fraud.The absence of coordination between the Trade Marks Registry and the CDSCO is identified as a fundamental regulatory deficiency, permitting concurrent approvals of deceptive trademarks that may jeopardize both intellectual property integrity and public health.The paper assesses the exploitation of trademark law for brand "evergreening," wherein rebranded pharmaceuticals with little modifications are promoted under new trade names to prolong exclusivity, hence raising ethical and legal issues.The research highlights the critical necessity for unified policy responses in India, informed by worldwide best practices, including WHO guidelines and regulatory frameworks from the USFDA and EMA.The report advocates for a cross-disciplinary regulatory strategy that combines trademark approval with medication safety measures.It also suggests improvements including pharmacovigilance systems, increased oversight for pharmaceutical brands, and AI-assisted brand monitoring to mitigate confusion and protect patient welfare.