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ARTICLE · 31 MAY 2017

Cipla v Novartis: Import Qualifies As Working Of Patent

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.

IndiaIntellectual Property

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.

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