EMR – Is it Turning out to be a Myth?

Preface

The period of trial is a period of uncertainty as the existence of a legal right and its alleged violation both are contested. These issues remain uncertain till they are resolved in a trial. During the pendency of a trial interlocutory injunction is granted to mitigate the risk of injustice or to protect the plaintiff against any injury afflicted by violation of his right if the issues were to be resolved in the favour of the plaintiff. The injury is the loss occurred to the plaintiff which cannot be compensated by damages recoverable in the action.

Wockhardt limited, a pharmaceutical company appellant in the instant case is the holder of Process Patent, EMR and Drug Licence for the manufacture of a pharmaceutical preparation, Nadifloxacin 1% Cream under the trademark NADOXIN.