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| home > epc > spring 2003 > trademarks in russia - a fight against counterfeiting and unfair competition |
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European Pharmaceutical Contractor
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Trademarks are meant to protect their owner from unauthorised use of their brand name by others. This instrument of legal protection was practically forgotten in the time of the Soviet Union, but in the past decade it has been gathering strength steadily thanks to the new conditions of the Russian market economy, favourable both in terms of fair business and unfair competition.
Protection of trademarks in the pharmaceutical industry is a matter of particular importance. There are two kinds of trademark misuse. A trademark can be copied exactly together with replica packaging; this constitutes a case of counterfeit product. Alternatively, an unfair competitor can create a design similar enough to the original that it can mislead a consumer as to the producer of the drug. Nowadays both kinds of infringement are to be observed in the Russian market.
From the consumer's point of view, a counterfeit or false drug can seriously affect health. From the point of view of a specialist, a counterfeit drug accompanied by false information regarding its content or its producer infringes rights protected by patents and trademarks.
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