INN and internet generic domain names

koppkubels@who.ch
Fri, 21 Nov 1997 10:00:15 +0100

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The World Health Organization's Division on Drug Management and =

Policies (WHO/DMP) should like to take this opportunity to comment o=
n =

the suggested "Draft Substantive Guidelines for Administrative Domai=
n =

Name Challenge Panels" and would be grateful if the Policy Oversight=
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Committee could explore the possibility of expanding these guideline=
s =

to International Nonproprietary Names (INN).
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The World Health Organization (WHO) has the constitutional mandat=
e =

to "develop, establish and promote international standards with resp=
ect =

to biological, pharmaceutical and similar products". Pursuant to WH=
A =

resolution 3.11 on Nonproprietary Names for Pharmaceutical Substance=
s =

(adopted in May 1950 by the Third World Health Assembly), the =

Organization collaborates closely with national nomenclature committ=
ees =

to select a single, nonproprietary name of worldwide acceptability f=
or =

each active substance used in pharmaceutical preparations. In this =

regard, WHO has been made responsible for selecting and promoting th=
e =

protection of International Nonproprietary Names (INN) for =

Pharmaceutical Substances, in co-ordination with national authoritie=
s =

worldwide.
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The underlying reason for ensuring that no party can claim any =

proprietary rights in INN is to protect the safety of patients by =

allowing them to identify a specific pharmaceutical substance under =

one single, globally available name. After their selection, INN are=
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adopted by the national authorities of WHO Member States, which mean=
s =

that such INN may not, in principle, be registered as trade-marks. =

INN are published in the following official languages: English, =

French, Latin, Russian and Spanish.
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For the Committee's information, WHO/DMP should like to refer to =
the =

following documents which are available via WHO homepage =

(http://www.who.ch): =

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- Resolutions on Nonproprietary Names for Pharmaceutical =
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Substances, adopted by the World Health Assembly and the =
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Executive Board respectively:
- WHA3.11
- EB7.R79
- WHA46.19
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- Procedure for the Selection of Recommended International =
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Nonproprietary Names for Pharmaceutical Substances =

(http://www.who.ch/programmes/dmp/innmain.htm)
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A hardcopy of these documents and two further documents referred =

to below will be sent to the Committee by mail, together with a =

printout of this letter:
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- List 77 of proposed INN published in WHO Drug Information=
, =

Vol.11, No.2, 1997, and a copy of a Note Verbale (Ref. =
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CL.16.1997) from the Director-General of WHO to relevant =
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national authorities of WHO Member States and other =
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interested bodies, as an example of the procedure followe=
d =

in selecting, proposing and recommending INN
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- An article on INN published in the Bulletin of the World =
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Health Organization, 1955, 73 (3): 275-279
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To illustrate the protection of pharmaceutical substances under o=
ne =

single, globally available name, WHO/DMP should furthermore like to =

give the following examples of INN for antibacterial agents and =

tranquillizers, respectively: amoxicillin, ampicillin, flurithromyci=
n, =

temafloxacin, tetracycline (being antibacterial agents) and diazepam=
, =

lorazepam, meprobamate, domperidone, etc. (being tranquillizers).
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Although - as opposed to trade-marks - INNs are in the public =

domain, WHO considers it important that their free availability is =

used exclusively for its intended purpose in the public interest, i.=
e. =

for the identification of a specific pharmaceutical substance. The =

Organization is therefore concerned to learn that - like trade-marks=
- =

INNs have been registered as domain names on INTERNET.
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In view of the above, WHO/DMP considers that such domain names sh=
ould =

also be open to challenge by interested parties, i.e. for example by=
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manufacturers of drugs, which contain pharmaceutical substances =

bearing an INN.
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Thank you for your consideration of these comments. WHO/DMP =

remains at the Committee's disposal to provide further information =

and/or documentation on this issue, as and when required.
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Dr J. Id=E4np=E4=E4n-Heikkil=E4
Director
Division of Drug Management and Policies=
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World Health Organization