Financial Daily from THE HINDU group of publications
Saturday, Dec 18, 2004
Financial Daily from THE HINDU group of publications Saturday, Dec 18, 2004 |
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Corporate
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Courts/Legal Issues Marketing - IPR HC remits back Glaxo patent issue Our Legal Correspondent
Kolkata , Dec. 17 MR Justice Pinaki Chandra Ghosh of the Calcutta High Court on Thursday remitted back the issue of patent sought by GlaxoSmithKline Plc claiming Rosiglitazone Maleate tablet as its research invention product, which the Controller of Patents & Designs has refused to accept. As the order of the Controller is not appealable, Glaxo moved in writ jurisdiction against the order of the Controller. Earlier, a writ petition was filed in the Delhi High Court on the same issue, but was withdrawn in 2002. Glaxo wanted to get an exclusive marketing right for the product. It was stated that the Controller has not examined the case under the perspective of Section 24A of the Patent Act. The contentions of Glaxo were opposed by counsel of the Controller, stating that the product in question is not inventive, but a conventional product, as the US and Brazil have already granted patent. After hearing the parties, the court directed the Controller to expedite the hearing without granting adjournment because after December 31, the force of the application shall not remain. So, the Controller has been directed accordingly.
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