Delhi HC rejects plea for patent linkage

Holding that unpatented (generic) drugs were not spurious drugs, Justice Ravindra Bhat held the petition was an attempt to tweak public policy. The Court also termed it a vexatious and luxury litigation which should be discouraged and imposed a cost of approximately Rs 6 lakh to be paid by Bayer Corporation to the Respondents—Union of India and Cipla Ltd.
 
Y K Sapru, chairperson of Cancer Patients Aid Association, said: “We are very glad that the Court has recognised the aspect of access to drugs and has rejected Bayer’s attempt to introduce a policy change with adverse public health consequences through the court.”

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