HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
Novartis
Delhi High Court grants ad interim injunction to leading pharmaceutical company NOVARTIS; restrains use of NOVITAS mark
The plaintiffs submitted that the confusingly similar trade mark in the field of pharmaceuticals, create greater injury as compared to products and services in other fields.
‘NOVAEGIS’ is phonetically identical and deceptively similar to ‘NOVARTIS’; Delhi High Court grants ad-interim injunction in favour of ‘NOVARTIS’
The Delhi High Court opined that ‘NOVAEGIS’ was, phonetically identical to ‘NOVARTIS’, when tested from the point of view of a customer of average intelligence and imperfect recollection and thus, granted ad-interim injunction in favour of ‘NOVARTIS’.
Delhi High Court rules in the context of the procedure and principles of natural justice to be observed by the Indian Patent Office in a pre-grant opposition to a patent application
In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.