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2006 Fiscal Year Final Research Report Summary

Regulatory measure for INN and trademark for medicine ; To avoid accidents of medicine taking errors

Research Project

Project/Area Number 17530093
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field New fields of law
Research InstitutionChuo University

Principal Investigator

SATO Keita  Chuo University, Law school, Professor (60205911)

Co-Investigator(Kenkyū-buntansha) NAGAI Kazuyuki  Chuo university, Law school, Professor (60055241)
Project Period (FY) 2005 – 2006
Keywordsmedicine / trademark / INN
Research Abstract

Sometimes, mistaking for medicine will cause a serious life crisis, and then we have to reduce the risk for mistaking medicine. The names used in connection with medicine sales, first, generic term (WHO of "INN (non-proprietary name for medicine)", and the generic term for Japanese health ministry JAN, they are different names), second, trade mark (Common name, English name Pharmaceuticals required to apply for manufacturing and sales), and there are many other numerical symbols for database use. However, the risk of confusion for medicine should be diminished for consideration of reducing the number and type of the name. Specifically, I once recommend "INN+trade" in requiring a doctor to write prescriptions only, and is commonly used in herbal medicine, which uses existing methods for generics. Pharmacies banned selling non-prescription medicines that are listed, then pharmaceutical companies easily get profit if doctors remember its brand name to write that name in prescription, That … More is why pharmacy companies try to register easily remembered name as a trademark for its product. But if doctors cannot use a trademark name in a prescription, names used in connection with medicine sales will greatly reduce the number. However, "INN+trade" scheme has some problems. (1) INN takes too long to decide, (2) have yet to adopt fully the country, (3) INN is sometimes long length, and will be used the abbreviated name, which leads mistaking or confusing risk again. (4)Conversely, helping the case of health care tailor-made, such as cultured artificial skin, or the like. On the other hand, INN reduces the number of names that are difficult to eliminate. Approved by WHO within the framework of many countries (many countries require a prescription described), OTC drugs in the INN will be useful to deter from mail order to eliminate confusion of domain names. And so eventually I finally could not find the decisive moment to turn to overcome the problems, except current electronic medical record storage and dissemination of therapeutic cases dealt with Hiyari-Hatto dangerous confusion cases review. We know, "INN+trade" popular method is highly effective especially to cut drug prices by generic drug. And at domain name registration stage, WIPO recommend eliminating INN corporated domain name at the preliminary review for domain names. In this meaning, we will seek a direction to focus on INN+corporation name scheme. In the future, I would examine how to prohibit to re-register the name of another drug medicinal drug which was discontinued after used once. Less

  • Research Products

    (2 results)

All 2006

All Presentation (2 results)

  • [Presentation] ドメイン名紛争処理手続における複数企業商標の取り扱いA Dispute against the Domain Name which incorporates Multi Company Brand Name Under UDRP-合併後名称または著名企業名を組み合わせたドメイン名を中心に2006

    • Author(s)
      佐藤恵太
    • Organizer
      Asian Law Institute(アジア法学協会)
    • Place of Presentation
      インドネシア大学
    • Year and Date
      2006-05-25
    • Description
      「研究成果報告書概要(和文)」より
  • [Presentation] A Dispute against the Domain Name which incorporates Multi Company Brand Name under UDRP2006

    • Author(s)
      Keita SATO
    • Organizer
      Asian Law Institute annual conference
    • Place of Presentation
      Indonesia University Depok Campus
    • Year and Date
      2006-05-24
    • Description
      「研究成果報告書概要(欧文)」より

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Published: 2011-06-18  

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