China's drug management law set up a special chapter on the packaging and sorting of drugs, the problem of drug packaging has made special provisions. These include: the label or specification of the drug packaging must indicate the name of the drug, specifications, production enterprises, approval numbers, product lot number, main ingredients, indications, usage, dosage, taboos, adverse reactions and precautions.
The measures for the administration of packaging materials and containers for direct contact with drugs (Order No. 13th), promulgated in 2004, and the regulations on the administration of pharmaceutical packaging labels and Specifications (Order No. 24th) also provide detailed provisions on drug packaging.
1. Pharmaceutical Packaging and trademarks Trademarks are a visual symbol that distinguishes each other's goods, and their constituent elements may include text, graphics, numbers, letters, colors, three-dimensional logos and their combinations. Trademark registration can make drugs more effective access to legal protection, enhance their market competitiveness, but also help consumers to recognize the purchase of cards, the correct choice of safe and effective drugs, to support their confidence in pharmaceuticals and manufacturers. In the trademark registration system, China is based on voluntary registration, but the use of drugs and tobacco products for people to be compulsory registration. Because people use drugs related to the health and safety of the people's lives. In other words, the entry of non-registered drugs into the market circulation will be regarded as counterfeit medicines, counterfeit drugs. Drug trademarks mainly exist in drug packaging. Drug names, generic names of medicines, geographical indications, etc., cannot be used as trademarks. such as Yunnan Baiyao, Liuwei Dihuang pill, etc., is the geographical indication or the general name of the drug. In order to achieve the purpose of identifying or promoting drugs, drug trademarks should be highlighted in drug packaging rather than generic names of medicines. such as the existence of Chinese herbal medicine in the south has Baiyao, North has the reputation of red medicine. Shenyang Chinese Pharmaceutical Factory produces all the brand Shenyang Red Medicine, but the brand trademark is placed in the drug packaging very inconspicuous position, it is difficult to attract consumers eye afterglow, so the market to Shenyang Red medicine is impressive but very strange to the brand trademark. Now they have to face the country's more than 20 manufacturers counterfeit production of Shenyang Red medicine but powerless embarrassing situation.
and Wuji Baifeng pill is a traditional Chinese medicine gufang, producers, but Hui Yan brand Wuji Baifeng pill but after a single show, that is, the manufacturer's legal concept, marketing concept mature, in the drug packaging and advertising to highlight the trademark of Hui Ren.
2. Pharmaceutical packaging and patents Pharmaceutical production involves patented technology or technical secrets, but drug packaging mainly involves design protection. My country is a member of the Paris Convention, and the Protection of industrial designs is a minimum requirement of the Paris Convention. In the WTO, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) also provides in principle for the protection of industrial designs. The domestic law of design protection in our country is mainly embodied in the patent law.
The conditions for awarding designs are mainly novel, practical and aesthetically pleasing.
3. Drug packaging and anti-unfair competition In drug packaging and drug advertising, unfair competition behavior should be tried to avoid.
China's "anti-Unfair Competition Law" stipulates that the unauthorized use of the unique name of well-known commodities, packaging and decoration, counterfeiting or fraudulent use of certification marks, famous signs, the use of false textual instructions, defamation of competitors goodwill, etc., constitute unfair competition, must bear the corresponding legal responsibility.