July 27, 2015
In early 2015, a European pharmaceutical company that markets a globally well-known pain relief drug discovered a drug with the same active ingredient and a similar name circulating on the Vietnamese market. In what the European company believed was a clear instance of “palming off,” the drug’s packaging also used colors and design elements similar to the packaging of the well-known drug. However, pursuing a trademark infringement charge was a dead end, as the Vietnamese drug’s name had already been successfully registered as a trademark.