Executive Summary
Wockherdt Ltd. appealed against an order classifying their product, Mannitol Injection B.P. 20% W/V, as a patent or proprietary medicine based on the design of its label. The company argued that simple labeling features like bars and color schemes do not automatically confer proprietary status unless they are registered trademarks or establish exclusive rights. The Tribunal sided with the appellant.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Customs, Excise and Gold Tribunal - Delhi. Understanding the court's reasoning in Wockherdt Ltd. vs Collector Of Central Excise is valuable context for structuring arguments or assessing risk in similar proceedings.
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