ARTICLE · 30 MARCH 2017

One Who Flew Over The Cuckoo's Nest

KISCH IP

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The cuckoo's eggs have thus been kicked out of the nest and did not hatch any Frontline products.

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On 1 April 2016, the Supreme Court of Appeal (SCA) upheld an appeal by Merial, Merial Limited and Merial South Africa (Pty) Ltd (Merial), against Cipla Vet (Pty) Ltd (Cipla). The SCA found that Merial's patent was valid and infringed by Cipla's Fiprotec product of which the active ingredients were manufactured and imported from India. The SCA accordingly ordered Cipla to cease all sales of Fiprotec, to deliver up all Fiprotec products to Merial for destruction, to pay Merial's costs, and ordered an enquiry into the damages suffered by Merial as a result of Cipla's infringing conduct. The overall effect of the SCA's decision thus being that Cipla had to cease all sales of Fiprotec and deliver up all infringing products under its control to Merial forthwith.

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