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Bombay High Court Allows Appeal in Trade Mark Infringement Case — Continuous Prior Use Not Established by Respondent. Section 34 of Trade Marks Act, 1999 requires continuous use from a date prior to registration; gap in evidence of use after 2013 defeats claim of prior user.

The appellant, Leben Life Science Private Limited, filed a suit for permanent injunction against the respondent, Jarun Pharmaceuticals Private Limited...

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Bombay High Court Quashes License Suspension in Drugs and Cosmetics Act Case — Procedural Violation in Inspection and Appeal. Failure to Provide Inspection Report and Opportunity of Hearing Renders Suspension Order Unsustainable Under Rule 66(2) of Drugs and Cosmetics Rules, 1945.

The petitioner, M/s. Raj Pharma, a partnership firm holding a valid drug license under the Drugs and Cosmetics Act, 1940 and Rules, 1945, challenged t...

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Supreme Court Allows Appeal of State of Andhra Pradesh in VAT Classification Dispute. Medical Oxygen IP and Nitrous Oxide IP Held Taxable as Drugs Under Entry 88 of Andhra Pradesh VAT Act at Lower Rate.

The Supreme Court dismissed the appeals filed by the State of Andhra Pradesh challenging the classification of Medical Oxygen IP and Nitrous Oxide IP ...

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Supreme Court Quashes Blacklisting of Drug Manufacturer for Supplying Sub-Standard Cream Due to Reliance on Erroneous Test Report. Appellate Lab Report Under Section 25(4) of Drugs and Cosmetics Act, 1940 Held Conclusive, Ignoring It Renders Decision Perverse.

The appellant, Medipol Pharmaceutical India Pvt. Ltd., supplied Clotrimazole Cream 1% 15 gm tubes to the respondent, Post Graduate Institute of Medica...