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Medecins Sans Frontieres (msf) Challenges Pfizer’s Patent Application on Pneumonia Vaccine in India






















Médecins Sans Frontières (MSF) also known as Doctors Without Borders, an international humanitarian-aid non-governmental organization, has filed a pre-grant opposition in India to prevent US pharmaceutical company “Pfizer” from getting a patent on the pneumococcal conjugate vaccine (PCV13, marketed as Prevenar 13®). Prevenar 13® is the world’s largest selling vaccine for infants and toddlers, that … Continue reading Medecins Sans Frontieres (msf) Challenges Pfizer’s Patent Application on Pneumonia Vaccine in India
Read more »Intersection between Intellectual Property (IP) and Competition Law






















With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is … Continue reading Intersection between Intellectual Property (IP) and Competition Law
Read more »Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla






















A division bench of Delhi High Court on 27th Nov 2015 held that the Indian drug manufacturer Cipla infringed Swiss pharmaceutical company Roche’s patent on Erlotinib hydrochloride, marketed under the name of “Tarceva”. Roche was granted a patent in India on Erlotinib hydrochloride (Tarceva) in 2007. Roche sued Cipla for patent infringement in January 2008 … Continue reading Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla
Read more »Research Exemption in Indian Patent Law






















The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention. In the … Continue reading Research Exemption in Indian Patent Law
Read more »Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)






















The High Court of Delhi has passed an interim order wherein the Justices have made it clear that the appellant (Glenmark) may use any other process which may be a development of the Glenmark process / Upjohn process so long as it does not infringe the patented processes of the respondent (Symed). Background: Symed Laboratories … Continue reading Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)
Read more »Section 3(D) of Indian Patent Act Strikes Again






















India revoked yet another drug patent granted to a German MNC, Boehringer Ingelheim, for its respiratory drug, Spiriva (crystalline tiotropium bromide monohydrate) at a time when the US is putting pressure on the Indian government for not providing adequate patent protection to multinational drug companies. In its decision, the patent office held that Boehringer failed … Continue reading Section 3(D) of Indian Patent Act Strikes Again
Read more »Parallel Imports






















A company sets different prices for its products for different countries as per the requirements. Parallel Imports come about when there is a Currency and Tax Difference between two countries as stated above, encouraging people to import products from one country and sell it off in the other country to earn a profit (For example … Continue reading Parallel Imports
Read more »Cipla & BMS may settle patent dispute over Entecavir in India






















US-based pharma major Bristol-Myers Squibb (BMS) and Indian pharma company Cipla Ltd. are heading towards an amicable settlement on a long-stretched patent dispute concerning BMS’ hepatitis B drug Entecavir, a leading anti-viral drug for Hepatitis B patients that brings in more than a billion dollars each year globally for BMS. Entecavir, being a pre-1995 molecule, … Continue reading Cipla & BMS may settle patent dispute over Entecavir in India
Read more »Recent Patent Litigation Cases (2014-15): India






















Patent Litigation in India has steadily increased over the last 2-3 years. Dramatic swift has been observed in the innovator’s perspective from the mere aspect of the invention to gaining patent protection for their respective invention. Patent owners have adopted an aggressive approach towards their patent protection and enforcing their proprietary rights as businesses, are … Continue reading Recent Patent Litigation Cases (2014-15): India
Read more »Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”






















Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed an injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015. The Delhi high court dated 20th March 2015 set aside an order of a single-judge bench of Delhi High Court which … Continue reading Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”
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