Drug Maker ‘Novartis’ to Face the Cold

The Bull is all set to lock its horns once again. We all know of the famous Novartis v. Union of India case which spread waves of debates across the country hovering around the themes like monopoly v. affordability, innovation v. public good, rich v. the poor, etc. Then solicitor general of India, Mr. Paras Kuhad left no stone unturned to highlight the consequences of allowing Novartis’s patent application for Gleevec in India which ultimately convinced Supreme Court to dismiss Novartis’ appeal. While Novartis is still recovering from that blow, a Generic Drug manufacturer, Cipla, is all set to ruffle Novartis’ feathers by launching an attack on five of its patent for a drug called Onbrez.

Cipla Ltd. India’s fifth largest drug manufacturer, has requested the Government to revoke five patents harbored by the Swiss based pharmaceutical company, Novartis AG. These five patents are with respect to a drug called Onbrez/Arcapta (INN-Indacaterol), which is used to treat a very specific kind of respiratory disorder called Chronic Obstructive Pulmonary Disease (COPD) which is a very severe respiratory disorder caused mainly due to excessive tobacco smoking and prolonged exposure to air pollution. As per the estimates released by the World health Organization, COPD is all set to account for nearly 5% of Human deaths across the world by 2030 and as far as India is concerned, the estimates don’t look healthy at all. Number of people suffering from COPD in India is quite huge with estimates suggesting a hovering 30 million patients (and counting) suffering from COPD. This is for the reason why Cipla has also recommended the government to declare a "public health crisis" in India.

Section 66 of the Indian Patents Act vests the Central Government with the power to revoke a patent in public interest if it is exercised in a mischievous mode or if it is generally prejudicial to the public. The contention put forth in the alleged representation asserts that despite after being granted Patent for the said drug in year 2008, Novartis never manufactured the drug in India and is using the import route, that also in small quantity from Switzerland, to supply the same. As reported by The Economic Times on 30th October, only 54,000 units of drugs have been imported which is just a drop in the ocean compared to the thousands that is required to meet the demand. Besides, Cipla has also accused Novartis for extending single headed monopoly by filing five patents for the "same or similar substance" or "ever-greening" by Novartis.

This is the first instance in the history of India’s patent regime that a generic company has exhorted the Government under section 66 of the Patent Act 1970 to revoke a patent on the grounds of Public Interest. However, what remains noteworthy is the route that Cipla has adopted to question the patents. We had reported earlier this month about the Bombay High Court’s order approving the grant of compulsory license issued to a generic drug-maker called Natco Pharma on the grounds of Public Interest. Cipla could have applied for grant of a compulsory license under section 84 of the Patents Act and given the kind of strong precedent on its side, (also being the only precedent in India for CL) it would have a strong case against Novartis. But interestingly it didn’t even waited for the revocation of these patents and has already launched the generic version, priced at one-fifth the drug’s price, straightaway.

This is not the first time that there has been a smack-down between a foreign drug innovator company and Indian generic pharmaceutical company. And like every other time, activists and public welfare driven enthusiasts might be projecting the success of Cipla to mean victory for India, because ultimately the patients and sufferers will benefit. But I am of the view that the issue is no longer confined to a battle between good versus bad or a Branded versus Generic Drug Manufacturer. While we all know about the strategies of branded drug manufacturers to extend their monopoly for a longer periods (also referred to as ever greening), the commercial interests of generic drug-makers also cannot be ignored. This is for the reason why US, for instance, has rigorous quality standards for Generic Manufacturers before it launches its products apart from those relating to Public Interest. The rationale behind such stringent measures taken by Government(s) overseas raises various questions. Why Cipla didn’t waited for the revocation of impugned patents before launching its products? Why to seek revocation when obtaining a compulsory license would suffice? Does the concept of Public Interest indeed has some morals or is it just a tool to justify the acts of deliberate violation of patent rights? While the Department of Industrial Policy and Promotion (DIPP) examines the reference placed before it, it will be interesting to see how the matter moves forward. Novartis is an ardent protector of its patents and irrespective of what the central Government decides, the loosing party is going to knock the doors of Court.

And for those who are still fancying Cipla as a savior of mankind, here is a hitch. Shares of Cipla are trading 3.14% higher on National Stock Exchange since last 3 days.

Can anyone guess me the reason why??

Mouse Trapped: Dead Mouse v. Mickey Mouse!!

Mickey Mouse may be sweet, fun and loving on screen, but off the screen, Mickey is the Big Daddy. When someone tried to use Mickey’s iconic ears, he didn’t like it at all. The alleged offender is DJ Joel Thomas Zimmerman, a Canadian DJ. And this time, Mickey has even geared up, uh, I mean lawyered-up. Let me unfold the story for you so far.

Joel Zimmerman, also known as Deadmau5 as his stage name, wears a costume while performing on stage that resembles the signature Mickey Mouse head and ears. Hold on, I am not saying this. That's what The Walt Disney Company is going around and claiming. All this story dates back to July when Deadmau5 was offered to remix the Star Wars theme for the upcoming Disney's flick, Star Wars Rebels. And this offer was extended by none other than The Walt Disney's music division. Unfortunately, the ending was different from those in the Disney cartoons! A wolf in sheep’s clothing, Disney was already investigating Deadmau5's use of the trademark since the onset of this year. Zimmerman has already acquired trademark rights for the on stage costume in over 30 countries. Now Disney is pinged with the fact that the trademark obtained by Zimmerman would encompass a wide range of merchandise which will be similar to the iconic ears of Mickey Mouse.

The issue grabbed public attention through an array of tweets posted by Joel which went viral on the net space. He not only mocked Disney’s allegations, but also challenged Disney to ‘Lawyer up’ in the near future. A normal trademark issue thus got transformed into a high profile battle between two players who are ready give whatever it takes to legally haunt each other.

The infamous DJ has been using a mouse head in almost all his live appearances for over a decade now. Now Disney is claiming that Deadmau5's costume resembles Mickey Mouse silhouette and hence it has filed a formal opposition against Deadmau5 from obtaining trademark rights over his onstage logo. Up until now, Walt Disney had no issues. But the things went fuzzy when rather than defending itself, Deadmau5 decided to give Disney a taste of its own medicine. It figured out that Disney has been using its famous "Ghosts 'n' "Stuff" song in a video, for which Disney never sought permission from him. It thus sent it a counter cease and desist.

On September 2, Disney submitted a 171 page trademark filing at the U.S. Patent and Trademark Office, claiming that if Deadmau5 was granted the logo, then it would degrade the reputation and business of the parent company worldwide. In response Mickey dragging the DJ to the court, Zimmerman, who is now staring at a mammoth trademark prosecution, said that he had never granted the permission to Walt Disney to expend his song. A representative from Disney said in reply that there was no merit in Zimmerman’s statement.

Trademark battles can destroy the career of many artists. Disney slams full authority on all its trademarks and vigorously protects them. The question arises that why wear a Halloween mouse head in your appearances. Is it to gain sheer public attention, which would be thumbs up for Disney in the legal case. Or is Zimmerman just an avid performer? Why did Disney wait for 10 long years to press legal charges? Are the two mice similar? Will you really be confused between the two? To be fair and honest, it’s a tricky situation. With so many questions, let us see who gets out of the maze first; Dead Mouse or Mickey Mouse. That being said, Disney is a multi-billion dollar company and Zimmerman stands nowhere in front of them. Meanwhile, it has also came in to our knowledge that the battle has already cost Deadmau5 dearly. I just hope that Deadmau5 can offset its financial losses through this “free publicity” it is accruing from the net-space. But for now, chances are that Deadmau5 might become a legit dead mouse!

Lex Protector: Start-Up of the Year-Congrats Auro!!

Lex Protector International Law Office has been selected as the Start-up of the year for Intellectual Property field by the Silicon India Magazine in its October 2014 issue. It’s a proud moment for our dear friend Mr. Aurobinda Panda who spearheaded the firm after its establishment in year 2012. It’s an equally proud moment for me and Bhaskar who are actively working with Auro to strengthen its work-base. Lex Protector was started with a vision to establish a global reputation in the field of Intellectual Property Rights and with the grace of almighty, we are glad that we are progressing towards our goal briskly after successfully completing two challenging years. Aurobinda is also the founder of Quick Lex, a virtual online workplace (of-course Global) for law professionals, students and Academicians which is all set to launch next year.

Silicon India is a Globally Acclaimed magazine that prints articles and reports related to technology and business fields. The magazine has cited excerpts from their conversation with Auro to communicate the exact idea behind the formation of Lex Protector. I would personally like to thank Silicon India for acknowledging our efforts and for sparing a few pages of their October issue for our start-up among others that have achieved similar accolade in their respective fields.

While it’s still a long way to go, I am sure that this news will provide a much needed stimulus to the firm to help us strive towards our goals in the long run. We are making all efforts possible to implement our “learning by doing” concept at our work place and will try to make sure that it remains so in the near future also. Meanwhile, through this blog I would like congratulate the whole team for this small feast we have achieved at the end of this year and would request Auro to skip his budget worries for this week…….we deserve a treat buddy!!

Lex Protector: Start-Up of the Year-Congrats Auro!!

Lex Protector International Law Office has been selected as the Start-up of the year for Intellectual Property field by the Silicon India Magazine in its October 2014 issue. It’s a proud moment for our dear friend Mr. Aurobinda Panda who spearheaded the firm after its establishment in year 2012. It’s an equally proud moment for me and Bhaskar who are actively working with Auro to strengthen its work-base. Lex Protector was started with a vision to establish a global reputation in the field of Intellectual Property Rights and with the grace of almighty, we are glad that we are progressing towards our goal briskly after successfully completing two challenging years. Aurobinda is also the founder of Quick Lex, a virtual online workplace (of-course Global) for law professionals, students and Academicians which is all set to launch next year.

Silicon India is a Globally Acclaimed magazine that prints articles and reports related to technology and business fields. The magazine has cited excerpts from their conversation with Auro to communicate the exact idea behind the formation of Lex Protector. I would personally like to thank Silicon India for acknowledging our efforts and for sparing a few pages of their October issue for our start-up among others that have achieved similar accolade in their respective fields.

While it’s still a long way to go, I am sure that this news will provide a much needed stimulus to the firm to help us strive towards our goals in the long run. We are making all efforts possible to implement our “learning by doing” concept at our work place and will try to make sure that it remains so in the near future also. Meanwhile, through this blog I would like congratulate the whole team for this small feast we have achieved at the end of this year and would request Auro to skip his budget worries for this week…….we deserve a treat buddy!!