OTC Firms Agree Dispute Procedure

In the USA, 10 manufacturers of nonprescription over-the-counter medicines have signed a program aimed at resolving trade dress disputes through negotiation and non-binding mediation.

The Nonprescription Drug Industry Dispute Resolution Commitment for Trade Dress Disputes has been launched by the Nonprescription Drug Manufacturers Association, in collaboration with the CPR Institute for Dispute Resolution. The 10 signatory companies are Block Drug Company, Ciba Self-Medication, Del Pharmaceuticals, Leiner Health Products, Perrigo Company, Sandoz Pharmaceuticals Corp, Schering-Plough Health Care Products, SmithKline Beecham Consumer Healthcare US, Thompson Medical Co and The Upjohn Company.

While the program does not preclude lawsuits, it offers the signatory companies an opportunity to resolve trade dress disputes in a less expensive way. Trade dress describes the appearance of product packaging, incorporating color, shape, size and other design factors. Disputes arise when one manufacturer considers the packaging of another to resemble too closely its own.