Legal issues

Brand names can not be restricted by the Govt. The Notification only provides additional requirement of writting GENERIC name. It does not prohibit writting BRAND in addition to generic. Word ONLY is missing from notification. DB judgement of Delhi High Court in Hoechst Pharmaceuticals Vs. C.V.S. Mani, 1982 can be referred where it was held that Right guarranted under Trademark Act can not be taken over by the D&C Act, 1940.
Any amendment must meet the overidding effect and TM Act also need to be amended by Parliament. Rule making power of the Govt. can not override the Act.

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