The grant of interim injunction to
parties requires the establishment of three conditions: a prima
facie case, the balance of convenience being tilted in their
favour; and irreparable loss shall accrue to the party praying for
injunction in case the same is not granted. While both parties are
heard during the grant of such an order, an ex parte order (in the
absence of the defendants) may also be granted. However, this is
uncommon to cases dealing with patents, perhaps owing to the
gravity and significance that patent rights append to them. The
Delhi High Court rendered an ex-parte order in a plea for the grant
of an interim injunction as under Order XXXIX Rule 1 and 2 of the
Civil procedure Code, 1908, in respect of a patented drug Dastanib
(A compound 2-Amino-Thiazole-5- Carboxamide)vide C.S (O.S.) No.
The plaintiffs, Bristol-Myers Squibb
(BMS) stating the subject matter of the patent to be old, with no
proceeding for the cancellation of the same being in pending,
averred that the move by Hetero Drugs to the Drug Controller
General of India (DCGI) for marketing the drug was in violation of
the patent, although the approval had not been granted on the date
of this plea.BMS also had communicated to Hetero, drawing their
attention to the patent held in Dastanib, also reminding hetero of
its statement vis-ŕ-vis another product, whereby they
rendered assurance to respect and honour the Intellectual Property
Rights. It was averred that the communications referred to the
patented drug both by its commercial as well as chemical name, but
no reply to any communication was received.
The conduct of Hetero in replying to
an earlier communication with respect to another drug while
maintaining silence on the communications warning them against
their move to seek permission to market the present patented
invention was stated to be surprising. The absence of a procedure
to oppose or challenge the grant of a marketing approval or to
satisfy that the drug in question was not in violation of a patent,
owing to which BMS justified its non-representation forth the
The Court in this regard restrained
Hetero from manufacturing, selling, distributing, advertising,
exporting, offering for sale or in any matter dealing directly or
indirectly in any products infringing BMS' patentable subject
matter. Further, ex-parte relief was also sought restraining them
from pursuing their application before the DCGI, appended by the
"It is expected that the
Drug Controller General of India while performing
statutory functions will not allow any party to infringe any laws
and if the drug for which approval has been sought by the
defendants is in breach of the patent of the plaintiffs,
the approval ought not be granted to the defendants. The
plaintiffs to within one week make a representation to the Drug
Controller General of India making out a case for the drug for
which approval has been sought by the defendants being in
breach/ violation of the patent of the plaintiff."
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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