Delhi High Court stop sale of Cipla Drug
Delhi
HC decided in favour of MNC Novartis and restrained the firm Cipla from selling
its cheap version of the respiratory drug
Onbrez in domestic market. The court has granted interim injunction and has
asked the drug manufacturer to apply for license if it feels the availability
of the drug is not sufficent in the market. Novartis had approached the Delhi
HC to restrain Cipla from selling the generic version[1]
of the drug. Under the WTO, TRIPS Agreement, compulsory licenses are legally
recognised means to overcome barriers in accessing affordable medicines, where
a government allows to manuafcture a patented drug, without the consent of the
innovator company.
[This news is contributed for blog by Adv. Deepak Dahiya, Managing Partner, Legal Imperials]
[1] Bio
equivalent of the brand name drug in terms of dosage, safety, strength, route
of administration, performance characteristics, intended use, chemical
composition and sold at substantial discounts from branded drug.
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