Asia: Food, Drugs, Healthcare, Life Sciences

In a recent ruling concerning trademark infringement in pharmaceuticals, a Division Bench of the Delhi High Court set aside a permanent injunction that restrained Intas Pharmaceuticals from selling its anti-cancer drug under the mark BEVATAS. The decision is significant for two reasons. First, it pushes back against the principle of “even the slightest possibility of confusion” which is standard in pharmaceutical cases due to the Supreme Court’s ruling in Cadila Healthcare (2001).

The Union Ministry of Health and Family Welfare (the “Ministry”) has recently published a Draft Notification[1] in the Official Gazette proposing amendments to the Medical Devices Rules, 2017[2] (the “Rules”), promulgated under the Drugs and Cosmetics Act, 1940. The proposed amendments specifically target the statutory timelines prescribed for processing manufacturing licence applications across the four risk-based classifications of medical devices.

Food-safety enforcement in India has begun to look markedly different over the past few months. Five-star hotels, restaurant chains, quick-commerce dark stores, food manufacturers, nutraceutical companies and even celebrity endorsers have come under regulatory scrutiny.