India: Vior (International) Ltd. And Ors. v. Maxycon Health Care Private Limited And Ors.

Last Updated: 1 July 2019
Article by Maahi Mayuri

In 2018, the Delhi High Court in the case of Vior (International) Ltd. and Ors.vs. Maxycon Health Care Private Limited and Ors., the Delhi High Court pronounced a judgement holding that the right of the Plaintiffs was violated by the defendants and that the same amounts to infringement. Reliefs were granted to the plaintiffs under Section 48 of the Patents Act as well as Section 51 r/w Sec 14 of the Copyright Act 1957. The court held that the defendants infringed the rights granted to the plaintiffs under Sec 8 of the Patents Act by unauthorized manufacturing as well as selling of the patented products as well as copying the content of the plaintiff's website under the Copyrights Act.

Facts of the Case:

A Switzerland based Company, Vior (international) Ltd. (Plaintiff 1) Exclusively owns the Patent No. 221536 registered in India. The patent is a process on Ferric Carboxymaltose which is a novel water-soluble iron carbohydrate complex of iron (ferric) and oxidation product. Its process of preparation is novel as well. The patent is used in the treatment of iron deficiency through intravenous treatment when oral iron preparations fail to act or cannot be administered. The patent is valid for a term of 20 years from 20th October 2003 in India. Vior International granted a license to the Plaintiff 2 who is a company registered under the Companies Act, 1956. The plaintiff No. 2 was asked to manufacture and commercialize the patented product.

The defendants misrepresented themselves to be the licensee of the plaintiff 1 through their website MaxyConHealthCare.com to manufacture and commercialize the said patent. Further, the defendants copied the content as well as write-ups available on the plaintiff no. 2's website. Such activities on the defendant's part amounted to unlawful enrichment as well as dilution of plaintiffs brand image. An ad-interim injunction was issued by the court against the defendants but they continued their infringing activities. Thus, the court proceeded against the defendant's ex parte.

Thus, the issues that were before the court were:

1. Whether the defendant's acts which involved the manufacture, as well as the sale of the patented products, amounted to an infringement of the plaintiff's rights?

2. Whether the defendant's act of misrepresenting himself as the defendant's licensee for the impugned patent amounted to an infringement of the plaintiff's patent rights?

3. Whether the act of the defendant which involved copying the plaintiff no. 2's website would amount to infringement of Plaintiff No. 2's copyright?

Contentions of the Plaintiff

The plaintiffs put forward the contention that the defendants are unconstitutional, oppressive as well as arbitrary. The plaintiff's relied upon the evidence as presented by the sole witness, Shri Pankaj Ahuja. Further, the plaintiff's also relied upon the judgement of the Delhi High Court as in Hindustan Unilever Limited v. Reckitt Benckiser India Limited, 2014, claimed damages of up to INR 1,00,01,00. The plaintiffs further claimed punitive damages based upon the judgement of Jockey International Inc&Anr v. R. Chandra Mohan &Ors. where the Hon'ble Court opined that the person who voluntarily chooses to stay away from court proceedings must not enjoy the benefits of the same.

Ratio Decidendi

The learned court took under consideration Section 48 of the Patents Act, 1971 and held that the acts of the defendants where they deal with impugned API is clearly related to the plaintiff's patented products and their acts clearly infringed rights of the plaintiff under the section. Further, the court examined the issue of copying of literary works and held that the acts of the defendants of blatantly copying content from the plaintiff's website show that such adoption is mala fide with a clear intention on the defendant's part to save himself from labour. Further, the misrepresentation on the defendant's part to be an authorized licensee of the Plaintiff No. 1 amounted to a tort of malicious falsehood.

The court also relied on the judgement of Rookes v Barnard in 1964 and awarded damages in such a way so as to not only compensate the plaintiffs for the loss sustained by them but also to impose punishment on the defendants further vindicating a distinction between a wilful and an innocent wrongdoer.

The Decision of the Court

Thus, the court held that the acts of the defendants amount to infringement of the plaintiff's patent and copyright and in view thereof, imposed damages worth INR 10,00,000 in favour of the plaintiffs and against the defendants by the reason of infringing trade dress, registered marks and for the violation of the interim order which was earlier passed by the Hon'ble Court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions