Small BusinessHC stops Zydus drug sale on Sun petition
The Madras High Court today directed Ahmedabad-based Zydus Cadila (Cadila Healthcare) not to sell its anti-depressant drug, Venz (venlafaxine), in the domestic market for the time being, based on a trademark complaint from Mumbai-based Sun Pharmaceutical industries.
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Sun Pharma had complained to the HC that Venz, a recent launch, is confusingly similar to its brand, Veniz, an established product in the market since 2001. Veniz is among the 20 largest selling drugs for Sun Pharma and one of the largest selling in its segment.
The injunction on Zydus has been issued without hearing it and is an interim one. The next hearing on the issue is scheduled next month, sources said.
A Sun Pharma spokesperson declined to comment. The Zydus spokesperson said the company was not in a position to comment today.
Cadila Healthcare had lost a trademark case for the use of its brand name, Mexate (methotraxate), against Wallace Pharmaceuticals in a similar case a few months earlier.
Patent experts said such trademark issues are common between drug companies and thousands of such cases are pending before various courts and the Intellectual Appellate Tribunal Board (IPAB) headquartered in Chennai.
The Rs 40,000-crore domestic drug market is flooded with over 35,000 brands from more than 3,000 companies, noted industry sources.
Unlike patent litigation, trademark cases can be filed anywhere in India where the company sells the drug, explained Gopakumar Nair, an expert on patents and managing director of Patent Gurukul. He presumed Sun must have had a strong-looking case to be granted an injunction.
Zydus Cadila’s formulations business in India had posted a growth of 10 per cent during the quarter ended September 30, thanks to the launch of 14 new products, including Venz.
Both the drugs are the generic or copycat version of innovator multinational drug company Wyeth’s brand, Effexor. Wyeth’s US patent on venlafaxine, the key ingredient in the drug, had expired last year.
Interestingly, Sun Pharma was not sued by Wyeth when it challenged the patents of an extended version of this drug in the US. However, another Mumbai drug maker, Lupin, was sued by Wyeth for infringing the patents.