1Research Scholar, Department of Laws, Himachal Pradesh University, Shimla.
2Professor, Department of Laws, Himachal Pradesh University, Shimla.
Product liability is the field of law that provides compensation for physical injuries and property damage caused due to defective and unreasonably dangerous products and from the failure of a manufacturer or seller to warn the consumer regarding product dangers. Medical product liability means claim for losses due to defective medicine or failure to warn the consumer regarding medicine or products meant to be used for treatment for the patient.The manufacture of medical products owes several duties regarding products which he manufactures and sell. There are various provisions regarding regulation of medicinal products. The Sale of Goods Act, 1930 contains some provisions regarding defective goods. Liability under Consumer Protection Act, 1986 does not depend on the contract between the parties provides remedies regarding deficiency in service and defective goods. Trademark also plays very important role in medicinal industry especially in pharmaindustry. Drugs and Cosmetic Act, 1940 was passed to prevent of sub-standard drugs and cosmetic so as to maintain high standards of medical and health care.
Product liability, Medicinal product liability, Trademark
