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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

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Supreme Court Dismisses Appeal Against NPPA Demand for Overcharged Drug Prices. Appellant Held Liable as Distributor Under Paragraph 13 of DPCO 1995 Despite Claim of Being Only a Dealer.

The appellant, a pharmaceutical company, challenged demand notices issued by the National Pharmaceutical Pricing Authority (NPPA) under the Drugs (Pri...

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Bombay High Court Quashes Criminal Proceedings in Food Adulteration Cases Due to Non-Compliance with Mandatory Sampling Procedures Under Food Safety and Standards Act, 2006. Failure to Follow Section 47 and Rule 2.4.2 of the Manual of Procedures Renders Prosecution Invalid.

The Bombay High Court at Aurangabad, through a common judgment, allowed three criminal writ petitions challenging the validity of criminal proceedings...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement Case — 'EVANOVA' vs 'ECONOVA' for Pharmaceutical Products. Marks Held Deceptively Similar Under Section 29 of Trade Marks Act, 1999.

The Plaintiff, Charak Pharma Pvt. Ltd., filed a suit against Glenmark Pharmaceuticals Ltd. seeking a perpetual injunction restraining the Defendant fr...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ANTITHYROX and THYROX Against Defendant's LETHYROX. No deceptive similarity found as prefix 'LE' distinguishes marks and THYROX is descriptive of thyroid treatment.

The Plaintiff, Macleods Pharmaceuticals Limited, filed a suit against Intas Pharmaceuticals Ltd. and another for infringement of their registered trad...

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Bombay High Court Dismisses Appeal Against Prohibitory Order Under Regulation 21 of CHALR, 2004 — No Appeal Lies to CESTAT. Regulation 22(8) of CHALR, 2004 is Not Ultra Vires the Customs Act, 1962.

The appeal arises from a decision of the CESTAT dated 2 January 2013, which held that an appeal is not maintainable against an order passed under Regu...

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High Court of Bombay Dismisses Criminal Appeal Challenging Conviction Under NDPS Act for Possession of Mandrax Tablets Upholding Admissibility of Chemical Analyser's Report Under S.293 CrPC. Non-examination of Chemical Analyst Not Fatal Owing to S.36-C NDPS Act Incorporating CrPC Provisions.

The appellant was convicted by the Special Court under NDPS Act for possession of mandrax tablets (methaqualone), totaling 103 kg, found on two occasi...