The Supreme Court today issued notices to Cadila Health Care and four other Indian manufacturers of sex potency drugs who had allegedly violated the copyright of Pfizer, which manufactures Viagra.
The US firm alleged that Cadila used improper strategies in the Delhi high court to get the stay against it vacated. The Indian company countered the charge and returned the allegations against Pfizer. They ultimately agreed on the date of the full hearing of their arguments which the court fixed on August 6.
Five Indian companies have marketed the drug with names ending in 'agra', which is objected to by Pfizer, which is yet to market its $10 capsule. The Indian counterparts, which come in blue packages, cost only around Rs 20. These products were handed over to Justice S S M Quadri and Justice S N Phukan who examined the packages.
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The single judge of the high court had earlier stayed the use of the colour and design of Viagra by Cadila, which markets Penegra. On an appeal to the division bench, the high court allowed Cadila to market its product with certain changes.
Therefore, Pfizer moved the Supreme Court. Its counsel Shanti Bhushan stated that apart from the phonetic similarity, the diamond shape of the capsule was also imitated by Cadila.
However, Cadila counsel Anil Divan contended that Penegra had been tested for a long time and was in the market since January, 2001. He said none would buy Viagra in India because of its high price and therefore there was no competition in the field.