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India's High Court dismisses Pfizer's suit to protect 'Viagra' from Caverta and Veega
From a News Item which first appeared India Finance on Wednesday April 10, 2002

The Delhi High Court today dismissed US multinational Pfizer (PFIZ.BO, news) 's suit to restrain Indian pharmaceutical companies from manufacturing and marketing anti-impotency drugs, similar to its product 'Viagra'.

Pfizer® filed the suit against Indian companies -- Cadila Healthcare, Ranbaxy Laboratory, Cipla, Sun Pharmaceuticals, Ajanta Pharmaceuticals and Yogi Herbs which were manufacturing their product by adopting allegedly deceptively similar name for their products.

Refusing to grant an injunction in favour of the US pharmaceutical major, Justice A. K. Sikri allowed Indian companies to manufacture their product saying their was no chance of misrepresentation as the drugs are sold on the prescription of medical practitioners.

"The drug in question is a scheduled H drug. Such a drug is not to be normally sold across the counter. It has to be sold by the chemist only on the prescription of urologist, endocrinologist or a psychiatrist. In such a situation, what kind of misrepresentation can be made by the defendants to the customer is beyond comprehension," the judge said.

Pfizer had filed the suit against generic Viagra® products from other companies.

The US multinational, in its suit, said it had developed the diamond shaped blue colour drug sildenafil citrate under the brand name ‘Viagra®’ for erectile dysfunction after extensive research on which millions of dollars were spent.

 

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