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MUMBAI: The Bombay High Court has ordered a pharmaceutical company to deposit Rs 1.50 crore as the company was found guilty of infringing on trademark under the Intellectual Property Rights Act. The Court directed  to deposit the punishable amount towards the Kerala Chief Minister’s Fund for flood relief work.

The company had allegedly copied a product manufactured by Glenmark Pharmaceuticals Ltd. Justice S J Kathawalla on August 28 held that Galpha Laboratories was a “habitual infringer” of various medicinal products, whose trademarks have been registered by other pharma companies.

Advcoate Hiren Kamod appearing for Glenmark Pharmaceuticals Ltd, had argued that the product Candid-B cream is copied by the defendants to the ‘last millimeter’. He also informed the court about the defendants being habitual offenders.

Drugs are not sweets. Pharmaceutical companies which provide medicines for the health of the consumers have a special duty of care towards them,” Justice Kathawalla said in his order.

These companies, in fact, have a greater responsibility towards the general public. However, nowadays, the corporate and financial goals of such companies cloud the decision of its executives whose decisions are incentivised by profits, more often than not, at the cost of public health.

This case is a perfect example of just that,” the court said.

The accused company has been asked to deposit the money in the Kerala Chief Minister’s Distress Relief Fund, which it did today.


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