Brand Piracy And Public Health: An Intellectual Property Rights Perspective On Pharmaceuticals And Cosmetics

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Vinothini. V, BA LLB, LLM VELS University (VISTAS) Pallavaram, Chennai

Sathiyalingam E, B.SC, BL. LLM, VELS University (VISTAS), Pallavaram, Chennai

ABSTRACT

Brand piracy, particularly in the pharmaceutical and cosmetic sectors, has emerged as a critical global concern, undermining public health, consumer safety, and the integrity of intellectual property rights (IPR). Counterfeit pharmaceuticals, including antibiotics, antimalarial drugs, and vaccines, often fail to meet safety and efficacy standards, leading to treatment failures, the emergence of drug-resistant strains, and, in extreme cases, mortality. Similarly, counterfeit cosmetic products, such as skin-lightening creams, hair-straightening products, and personal care items, frequently contain toxic or unregulated substances, resulting in allergic reactions, chemical burns, and long-term health complications. The proliferation of these counterfeit products is driven by high consumer demand, insufficient regulatory oversight, and weaknesses in enforcement mechanisms, both nationally and internationally. The study focuses on patents, trademarks, and design rights as legal instruments that not only protect commercial interests but also serve as deterrents against the circulation of unsafe counterfeit goods. By analyzing selected case studies from India and other jurisdictions, the paper highlights the real-world consequences of counterfeit pharmaceuticals and cosmetics, demonstrating the tangible risks to public health. Reports from global organizations, including the World Health Organization (WHO) and the World Intellectual Property Organization (WIPO), are also examined to provide a comprehensive understanding of enforcement challenges and policy responses. Comparative analysis of enforcement practices in different jurisdictions aims to identify best practices and lessons that can be adapted to strengthen IPR protection in India. The findings underscore the critical link between robust IPR enforcement and public health outcomes, illustrating that effective protection of trademarks and patents can significantly reduce the circulation of counterfeit products.

72. BRAND PIRACY AND PUBLIC HEALTH- AN INTELLECTUAL PROPERTY RIGHTS PERSPECTIVE ON PHARMAC

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