SC reserves judgement on GSK plea for Rosiglitazone
The Supreme Court on Tuesday reserved its judgement on pharma major GlaxoSmithKline Plc's petition seeking grant of exclusive marketing rights (EMRs) for its anti-diabetic drug compound Rosiglitazone.
By PTI |
NEW DELHI: The Supreme Court on Tuesday reserved its judgement on pharma major GlaxoSmithKline Plc's petition seeking grant of exclusive marketing rights (EMRs) for its anti-diabetic drug compound Rosiglitazone.
A bench headed by Justice Arijit Pasayat reserved the judgement on GSK's plea seeking quashing of Calcutta High Court order that dismissed its petition in view of the Patent (Amendment) Act, 2005, which introduced the new product patent regime and abolished EMRs.
Senior counsel R Nariman, appearing for Glaxo, contended the High Court had erred in holding that EMRs were given for a temporary period as there was a 'prohibition created by law' and EMRs could not be granted afresh since the 'embargo' had been lifted.
The High Court was not right in holding that the Controller of Patents & Designs, Kolkata, cannot be asked to reconsider an application which was rejected before January 1, 2005 under the applicable laws, he added.
Refuting allegations, the government said there was no scope for examining matters related to EMRs as the relevant provisions were repealed by Patents (Amendment) Act 2005.
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"It was not possible to give any retrospective effect as well as any prospective effect in the absence of provisions of EMR," government's counsel V K Verma had said, while seeking dismissal of Glaxo's petition.GSK had moved the High Court in September 2004 challenging the Controller of Patents' decision to reject its application for grant of patents in respect of certain "novel compounds" for lack of novelty.
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