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Bombay High Court Hears Challenge to Drug Price Control Demand Against Pharmaceutical Company. Cream Vs. Ointment Distinction and Small Scale Industry Exemption Under DPCO 1995 Considered.

The writ petition arose from a dispute concerning the drug price control regime under the Drugs (Price Control) Order, 1995 (DPCO 1995). The first pet...

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Supreme Court Upholds Drug Price Fixation Notifications for Frusemide and Theophylline Formulations. Price Fixation Under DPCO 1995 is a Legislative Exercise and Does Not Require Individual Hearing.

The appeals by special leave challenged the decision of the Allahabad High Court which had rejected writ petitions filed by the appellants, M/s T.C. H...

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Bombay High Court Allows Petitions Challenging NPPA's Interpretation of DPCO 2013 — Price Ceiling Applicable Only to Formulations in First Schedule. The court held that NPPA cannot impose price ceiling on non-scheduled formulations under DPCO 2013, as the order's language is clear and unambiguous.

The petitioners, M/s. Franco Indian Pharmaceuticals Pvt. Ltd. and the Indian Drug Manufacturers Association (IDMA), challenged the interpretation and ...

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Bombay High Court Quashes Criminal Complaint Against Marketer in Weights and Measures Case — Manufacturer Already Convicted and Fined for Non-Declaration of Retail Sale Price Under Packaged Commodities Rules, 1977.

The applicants, Colgate Palmolive India Ltd. and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeki...

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Bombay High Court Dismisses Sun Pharma's Trademark Infringement Suit Against Sanofi's METOSAN, Finding No Deceptive Similarity with METOSARTAN. The marks are phonetically and visually distinct, and the products differ in composition, negating likelihood of confusion.

The plaintiff, Sun Pharma Laboratories Ltd, filed a suit for trademark infringement and passing off against The Madras Pharmaceuticals and Sanofi Indi...

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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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Bombay High Court Grants Injunction in Favor of Plaintiff in Trademark Infringement Suit Over STIMULIV vs STIMULET. Marks Held Deceptively Similar Despite Differences in Pharmaceutical Formulation and Therapeutic Use.

The dispute involves two pharmaceutical companies: Franco Indian Pharmaceuticals Pvt Ltd (Plaintiff) and Corona Remedies Pvt Ltd (Defendant). The Plai...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...