Pharma — India Copyright Cases
8 decisions indexed
Page 1 of 1 · 8 total
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant firm, dealing in consumer durables and healthcare products, was assessed service tax on royalty income received for allowing its group companies to use its 'TTK' logo. The appellant argued that since the logo is registered as an artistic work under the Copyright Act, 1957, it qualifies for exemption. The Tribunal allowed the appeal, finding that the demand was unsustainable and citing relevant exemptions and prior judicial decisions.
Jamp India Pharmaceuticals Private Limited v.Jubilant Generics Ltd.
This appeal before the Allahabad High Court addressed challenges to a Commercial Court's injunction order. The plaintiff, Jamp India Pharmaceuticals Private Limited, successfully argued that its comprehensive Product Dossiers—containing sensitive technical data for generic drugs like Losartan and Amlodipine—qualify as protected literary works under the Copyright Act, 1957. The court found that the defendants misappropriated these confidential dossiers by transferring them from a Canadian subsidiary to their Indian affiliate, leading to unauthorized manufacturing and use in India. Consequently, the appeals were dismissed, upholding the injunction.
INCYTE HOLDINGS CORPORATION v.DR REDDYS LABORATORIES LIMITED
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing copyright. The defendant raised defenses regarding service of documents and asserted that its activities are limited to permissible uses under Section 107A of the Patents Act, 1970.
Curewin Pharmaceuticals Pvt. Ltd. v.Curewin Hylico Pharma Pvt. Ltd.
This case involves disputes between two pharmaceutical companies regarding the artistic work and copyright protection of 'ENERZY' powder. The core legal challenge revolved around whether the plaintiff's suit, which sought injunctions against infringement, should be rejected under Order 7 Rule 11 CPC because its valuation was tied to a prior agreement. The High Court examined the distinction between statutory rights (Copyright Act) and contractual obligations, ultimately modifying the trial court's order to allow the suit to proceed without mandating the inclusion of all specific pleadings from the external agreement.
Curewin Pharmaceuticals Pvt. Ltd. v.Curewin Hylico Pharma Pvt. Ltd.
This case involves a dispute over the artistic work 'ENERZY powder' between Curewin Pharmaceuticals Pvt. Ltd. and Curewin Hylico Pharma Pvt. Ltd. The core legal battle centered on whether the Commercial Court was correct in directing the plaintiff to amend their plaint based on an agreement dated 22.01.2015, specifically regarding valuation for court fees. The High Court examined the matter under Article 227 of the Constitution and ultimately ruled that the statutory copyright right should govern the suit's substance, not solely the contractual terms.
SaNotize Research and Development v.Lupin Limited
The court permitted the plaintiff to amend their plaint, specifically regarding the separation of pure copyright material into a new exhibit. Given the sensitive nature of both parties' confidential information, the court ordered a controlled inspection meeting between limited representatives of both sides to facilitate further proceedings.
Apex Laboratories Limited v.India Pharmaceuticals
Apex Laboratories Limited filed suit against India Pharmaceuticals alleging infringement and passing off concerning its 'ZINCOVIT' product label. The core dispute centered on whether the defendant's 'BICAL' label was a slavish imitation of the plaintiff's registered artistic work. The court found that the labels were absolutely identical, applying the time-honored test for comparison. Consequently, the suit was decreed in favor of Apex Laboratories Limited, granting permanent injunction and damages.
Dabur India Ltd. v.Sh. Ashok Aushadhi Udyog
Dabur India Ltd. filed a suit against Sh. Ashok Aushadhi Udyog alleging that the latter had adopted deceptively similar labels for ayurvedic tonics, specifically Dashmularishta and Ashokarishta. Dabur claimed ownership of copyright in the artistic work comprising these distinctive product labels. The court found sufficient evidence to establish Dabur's proprietary rights and ruled that the defendant's use constituted infringement. Consequently, the suit was decreed with permanent injunctions and punitive damages awarded.
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