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Review
. 2016 Feb 9;13(2):e1001955.
doi: 10.1371/journal.pmed.1001955. eCollection 2016 Feb.

The Case for Reforming Drug Naming: Should Brand Name Trademark Protections Expire Upon Generic Entry?

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Review

The Case for Reforming Drug Naming: Should Brand Name Trademark Protections Expire Upon Generic Entry?

Ameet Sarpatwari et al. PLoS Med. .
Free PMC article

Abstract

Ameet Sarpatwari and Aaron Kesselheim explore whether stripping branded drugs of trademark protection would improve the efficiency and fairness of health care.

Conflict of interest statement

ASK is a member of the PLOS Medicine Editorial Board and has received grants from the FDA Office of Generic Drugs and Division of Drug Safety Communication. The authors have declared that no other competing interests exist.

Figures

Fig 1
Fig 1. Pharmacists’ generic drug substitution obligations.
Green = mandatory for all dispensings; blue = mandatory for dispensings paid for by government-sponsored insurance plans; and white = permissive.
Fig 2
Fig 2. Patient consent for generic drug substitution.
Red = required, and white = not required.

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References

    1. Pew Charitable Trusts (2013). Persuading the prescribers: pharmaceutical industry marketing and its influence on physicians and patients. http://www.pewtrusts.org/en/research-and-analysis/fact-sheets/2013/11/11/persuading-the-prescribers-pharmaceutical-industry-marketing-and-its-influence-on-physicians-and-patients. Accessed 26 August 2015.
    1. 15 U.S.C. § 1052(e)(5).
    1. Traffix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23 (2001).
    1. CTMR, 2009 O.J. (L78) 1, Art. 7.
    1. Kesselheim AS, Misono AS, Shrank WH, Greene JA, Doherty M, Avorn J, et al. (2015). Variations in pill appearance of antiepileptic drugs and the risk of nonadherence. JAMA Intern Med 173:202–208. - PubMed

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Grant support

This work was supported in part by the Robert Wood Johnson Foundation’s Public Health Law Research program. ASK is a Greenwall Faculty Scholar in Bioethics and is supported by the Harvard Program in Therapeutic Science. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.
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