Compromise Deed Saved the Medicare Case


Prabhjot Kaur 15/11/19 #copyright #patent #trademark #brandprotection #infringement #news #newsupdate #topnews #world #headlines #breakingnews #latestnews #trending #hotnews #blogging #education #educationalblog #trademarkclickcom #Medicare #HygieneLimited #VivanMedicarePrivate

Over the years, trademarks have gained paramount importance in every industry, Pharmaceutical industry is one of them. Medicinal or Pharmaceutical trademarks have acquired a significant position in the world of Intellectual Property, by reason of being directly linked to public health and welfare. As observed since decades, it is a common practice to name medicines, drugs and pharmaceutical products over generic terms eventually increasing the risk of adoption and usage by other medicine manufacturers whose products contain similar generic terms as well as similar or identical salts and ingredients.      

A case attracting a parallel controversy recently acquired its position in the limelight. A medicinal and surgical products manufacturing company named ‘Medicare Hygiene Limited’, headquartered at Sanand, Gujarat recently filed a suit for infringement of trademark rights in the Mirzapur Rural Court against another medicine manufacturer named ‘Vivan Medicare Private Limited’ based in Ahmedabad.

Medicare Hygiene Limited claimed that the word ‘Medicare’ is a registered Trademark and hence, Vivan Medicare Private Limited, cannot make use of the word ‘medicare’ on its medicinal and pharmaceutical products.  In addition, the plaintiff claimed that the infringer should not apply the word ‘medi’ as a suffix or prefix while naming and manufacturing its products.

However, the case took an unanticipated turn after the court summoned the infringers. The proprietors of the defendant company, that is, Vivan Medicare Private Limited, formulated a compromise deed with the plaintiffs (Medicare Hygiene Limited) and presented the same in the Court. As provided in the compromise deed, the proprietors of the infringing company gave an undertaking that their company would not make use of the terms ‘medi’ or ‘medicare’ on any of its medicinal or surgical products. They further added that these two terms would not be used in any manifestation, be it the label, packaging, container or brochures. Moreover, they promised not to adopt or make use of the renowned registered trademarks ‘Medicare’, ‘Medica’ and ‘Mediswab’.

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