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ARTICLE · 18 MAY 2007
Man Of Average Intelligence- Scale For Determining Similarity
Lex Orbis
It has become a well-settled principle that while adjudicating deceptive similarity of medicinal products, the yardsticks adopted by the Courts are stringent. The Supreme Court of India in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., AIR 2001 SC 1952, laid down the general guidelines that are to be adopted while adjudicating deceptive similarity in medicinal products.
IndiaIntellectual Property
