In CADILA HEALTH CARE LTD v. CADILA PHARMACEUTICALS LTD, (2001) 5 SCC 73, the Supreme Court of India laid down PRINCIPLES FOR DETERMINING DECEPTIVE SIMILARITY of medicinal/pharmaceutical trade marks. Which factor was specifically highlighted?
Answer & Solution
Correct answer: D.
1. In Cadila Health Care v. Cadila Pharmaceuticals (the 'Falcigo' case), the Supreme Court considered marks FALCIGO (anti-malarial) and FALCITAB (also anti-malarial).
2. The Court laid down factors for deceptive similarity in PHARMACEUTICAL marks (where public health requires stricter scrutiny):
3. (a) The nature of the marks — word, label, or composite; (b) the degree of resemblance — phonetic, visual, structural; (c) the nature of the goods; (d) the similarity in the nature, character and performance of the goods of the rival traders; (e) the class of purchasers — likely to buy with what level of attention, education, intelligence; (f) the mode of purchasing the goods; (g) any other surrounding circumstances.
4. The Court emphasised that confusion of medicines could lead to dangerous consequences — stricter scrutiny.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., (2001) 5 SCC 73_
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