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De-Coding Indian Intellectual Property Law
AstraZeneca v. Dr. Reddy’s – Colour as a Pharmaceutical Trade Dress
US-based pharma AstraZeneca had, not so long ago, filed a suit before a Delaware court against the purple colour of the generic version of AstraZenca’s antacid pill, Nexium, being sold by Dr. Reddy’s Laboratories in the US. This, it claims, is a significant breach of a settlement arrived at between the two companies that would discharge Dr. Reddy’s from any liability in connection with the generic Nexium’s sale. Read more
5 Important Judgments on Intellectual Property Rights Cases
Bayer Corporation Vs. Union of India 162(2009) DLT 371
Bayer Corporation, instead of filing a suit for infringement, filed an inventive writ petition in the Delhi High Court desiring that since the applications of Cipla “SORANIB” allegedly infringed its patent, its (Cipla’s) marketing approval application under the Drugs Act should not even be processed or entertained. It is for the first time that an attempt is made to link drug approval to patent infringement in India. However, the Delhi High Court, denying the injunction, imposed a substantial cost of Rs. 6.75 Lakh to deter any such future attempts. Read more |
