The Indian pharmaceutical industry is a major manufacturer of
cost-effective generic drugs and is set to become the leading
exporter of generic pharmaceutical products. However, recently the
Indian pharmaceutical industry has seen several landmark
judgments which will have a far-reaching effect on Indian pharma
players, as well as international pharma giants.
In one such case the Division Bench of the Delhi High Court
upheld the order of a single judge restricting Indian
pharmaceutical company Cipla from selling pharmaceutical products
containing any form of Indacaterol, a respiratory drug in
which Novartis held a patent. Indacaterol was used to treat
chronic obstructive pulmonary disease (COPD) and was sold in
India by Novartis under its trademark ONBREZ. Novartis did not
manufacture Indacaterol in India; rather, it was manufactured
in Switzerland and imported into India through another pharma
company, Lupin.