The division bench of the high court, however, said the drug-makers may continue to sell their products under the brand names, which they were doing prior to the order passed by the single judge on April 25.
"The petitioners (Biocon Ltd and Mylan Pharmaceuticals Pvt Ltd) shall continue to operate till next date date of hearing on May 10, in the manner they were operating prior to the judgement dated April 25," a bench of justices B D Ahmed and Sanjeev Sachdeva said.
Swiss pharmaceutical firm Roche's breast cancer drug Trastuzumab is sold under the brand name Herceptin.
They have also challenged the single judge direction that the two can use the international nonproprietary name (INN), an official generic and nonproprietary name given to a drug or active ingredient, as Biocon's Trastuzumab or Mylan's Trastuzumab wherever applicable to describe the composition of molecule on the product as well as in its insert and not in a prominent manner.
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Taking note of which, the bench said this matter requires consideration.
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The single judge had made it clear that these companies would not call their product as bio-similar to Herceptin, Herclon, Biceltis, the brand names of Roche.
Roche had filed the petition seeking injunction alleging that there was an imminent threat of introduction of purported biosimilar version of its biological drug Trastuzumab, which was claimed to have been jointly developed by Biocon and Mylan under their brand names CANMAb and HERTRAZ.