Trademarks that distinguish pharmaceutical products in Argentina are subject to specific regulations, both regarding their registration and use in the market.
First of all, pharmaceutical product brands must comply with the Trademarks Law No. 22,362, and must not be generic or misleading.
Additionally, the World Health Organization (WHO) recommends that designations derived from international common denominations -the generic names that identify the active principle of medicines-, or brands that include this as roots, should not be registered as trademarks.
In this way, the WHO recommends and publishes every year a list of International Common Denominations that are not appropriable and therefore could not be registered as trademarks.
ANMAT’s approval of the commercial name of medicines
In Argentina, the National Administration of Drugs, Food and Medical Technology (ANMAT) is responsible of approving the commercial names of medicines, prior to their commercialization. In this way, it ensures that the brand is not confused with the Common Denomination.
The use of trademarks in the pharmaceutical industry in Argentina
Argentina’s Law on medicines prohibits any advertising action for prescription medicines.
On the other hand, the advertising of non-prescription medicines is regulated by Disposition No. 4980/2005 issued by ANMAT. Said Disposition establishes general guidelines regarding the publicity of this medicines and the requirements that must be fulfilled.
Additionally, the Disposition establishes that regarding medicinal products, some phrases or messages cannot be used, such as “the product of greatest choice”, “the only one”, “the best”, “natural”, “the most effective ”, “the least toxic”, “the best tolerated, among many others.
Furthermore, Law No. 25,649 establishes that the use of the generic name on containers, labels, prospectuses and in all advertising or propaganda of medicines aimed at the general public is mandatory.
Medicine labels and leaflets in Argentina
Decree No. 150/92 establishes that medicine labels must include the brand together with the generic name in the same size and height.
Regarding leaflets, the corresponding regulation must be complied with, depending on whether the medicines are prescription or non-prescription, and the information that must be included must be observed in each case.
Conclusions
The registration and use of trademarks in the pharmaceutical industry in Argentina is strongly regulated. That is why it is mandatory to comply with everything established in the applicable regulations, contemplating each particular case.
For professional advice regarding pharmaceutical trademarks in Argentina, contact us.