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SOMEWHAT NON-IMITABLE Prozac
Prozac is an anti-depressant drug manufactured by Eli Lilly Company. Since its approval by the FDA and its introduction, sales have skyrocketed. People are taking the drug not only for depression, but
also to enhance their normal personality.
On March 20, 1996 the patent protection for the drug ended. Immediately Novopharm Ltd., Apotex Inc., and Nu-Pharm Ltd. began shipping generic products identical to Prozac in every way
but color. Eli Lilly Company appealed to the courts for copyright protection of the distinctive shape and color of their generic Prozac. However, in the name of patient safety, competitors claimed the
right to sell their products in the same shape and color as Prozac.
The marketing of Prozac is an example of a product that is partially non-imitable. Even though Eli Lilly Company does not have patent protection, the company has been able to create isolating mechanisms of brand name, shape and color.
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