Roche v Cipla: Part 1: Validity of Patent

In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. 64); Issue II.  Whether Cipla’s manufacturing, marketing and sale of Erlocip infringes the Patent IN196774 Let’s first discuss the issue of the validity of the IN’774 patent (which runs up to 181 pages of the judgement!) The defendant (Cipla) prayed for revocation of the IN‘774... Read More

What’s in a domain name?

The original role of having a domain name was to provide an internet address for computers. With the increasing rate of commercial activities on the web, a domain name is now seen as a way of identifying the business of the company. A potential consumer is always lured to the company after he/she goes through their website. Hence, a company keeps it in mind to obtain such domain names which are easily identifiable and related to their established Trade Marks. One of the raging crimes in the recent years committed on the web, is ‘cybersquatting’. Cybersquatting is defined as a... Read More

Cipla won the landmark Roche v Cipla Litigation

Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d that prevents evergreening. The case was followed by Pharma Giants worldwide. Justice Manmohan Singh has passed the judgement in favour of Cipla stating that Cipla did not infringe Roche’s Indian patent IN 196774. According to the Judge, it was scientifically proven that Cipla’s Generic Drug... Read More

The Brand War!

Brands are the biggest source of marketing. A company protects its brands by Trade Marks since they are often the main identity of their business or their key products. If the ownership of the Trade Mark is disputed, it can disrupt the business of both the concerned parties.  A brand operation can undergo huge losses and damages if the brand names of an enterprise are abused by a third party. The most recent victim of violation of intellectual property rights is FMCG major Britannia Industries Ltd. Britannia is a prominent brand in the bakery and dairy industries. They have achieved... Read More