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Competition law vs patent rights: NCLAT rules CCI has no power to probe patented product disputes; upholds case against Swiss drugmaker Vifor – The Times of India
The National Company Law Appellate Tribunal (NCLAT) has ruled that the Competition Commission of India (CCI) does not have the power to investigate disputes related to patented products, holding that the Patent Act takes precedence over the Competition Act in such cases, PTI reported.Dismissing an appeal against a CCI order that had closed a complaint against Swiss pharma major Vifor International (AG), a two-member NCLAT bench said that the fair trade regulator lacks jurisdiction to examine such matters, PTI reported.“Considering the judgment of the Delhi High Court in the case of Telefonaktiebolaget LM Ericsson (PUBL) and the Supreme Court in SLP No. 25026/2023, it is apparent that the CCI lacks the power to examine the allegations made against Vifor International (AG),” the tribunal observed.Vifor International held the patent for Ferric Carboxymaltose (FCM) injection, a drug used to treat Iron Deficiency Anaemia (IDA). The tribunal stated: “The Patent Act will prevail over the Competition Act in the facts of this case, as the subject matter of contention is FCM, which was developed and patented by Respondent No. 2 (Vifor International).”NCLAT noted that Section 3(5) of the Competition Act provides specific protection to patent holders to restrain infringement or impose reasonable conditions to safeguard their rights. “The Competition Act, in Section 3(5), has laid down that the Act will not restrict the right of any person in protecting his rights under the Patent Act,” it said.The appeal was filed by Swapan Dey, CEO of a hospital offering free dialysis services under the Pradhan Mantri National Dialysis Programme (PMNDP). Dey alleged that Vifor’s “anti-competitive and abusive conduct” had made FCM injections unaffordable and inaccessible to patients.However, the CCI had closed the case in its October 25, 2022 order, finding no prima facie contravention under Sections 3(4) or 4 of the Competition Act. Dey then challenged the order before NCLAT, arguing that the CCI failed to properly define the relevant market or assess Vifor’s dominance.Vifor countered the claim, asserting that the CCI lacked jurisdiction since the matter involved a patented molecule governed by the Patent Act. The company also informed the tribunal that its patent for FCM, granted on June 25, 2008, had expired on October 21, 2023, making it freely available for manufacturing and sale.NCLAT held that while the patent’s expiry meant the drug had entered the public domain, the key question was jurisdiction—whether CCI could have examined the issue when the product was still under patent protection.Citing the Delhi High Court’s earlier decision in Telefonaktiebolaget LM Ericsson (PUBL), which held that the Patent Act overrides the Competition Act, the tribunal noted that the Supreme Court had upheld that position by dismissing CCI’s appeal on September 2, 2025.“Following the judicial guidance as noted above, we hold that there is no merit in this appeal. Accordingly, the appeal is dismissed,” NCLAT concluded.
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Asda boss rejects profiteering claims as petrol price tops 150p
Motorists are facing higher fuel prices ahead of Easter break due to the conflict in the Middle East, the RAC says.
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Hetero rolls out generic semaglutide exports to over 75 countries – The Times of India
Hyderabad: Pharma player Hetero on Friday said it has rolled out exports of its generic semaglutide injection portfolio as part of a multi-year plan to widen access to treatments for type 2 diabetes and obesity in more than 75 countries.The Hyderabad-based pharmaceutical company said initial rollouts are under way in Africa, Asia and the Middle East, with additional launches planned in other markets subject to regulatory approvals.The injectable therapies will be sold under the brand names Truglyx, Rolmodl and Moto G. Semaglutide belongs to the GLP-1 class of medicines, which are used in diabetes care and weight management.Hetero said the export launch is part of its broader strategy to improve access to advanced cardio-metabolic therapies, particularly in emerging markets.The company said the products will be offered in multi-dose disposable pen devices designed in line with innovator formats and will be available in several strengths, including 0.25 mg, 0.5 mg, 1 mg, 2 mg, 1.7 mg and 2.4 mg, allowing dosing flexibility for both diabetes and obesity treatment.Hetero said it is also awaiting approval from India’s Central Drugs Standard Control Organisation (CDSCO) after completing clinical trials in type 2 diabetes and obesity and plans an India launch after regulatory clearance.Hetero managing director Dr Vamsi Krishna Bandi said the company aims to provide high-quality, affordable generic semaglutide through a single global product platform backed by its manufacturing and development capabilities.He said Hetero would use its commercial networks across Asia, the Middle East, Africa and Latin America to support supply and access. The Hyderabad-headquartered Hetero operates in more than 145 countries and employs over 30,000 people.
Business
India-US trade deal update: Piyush Goyal meets USTR Jamieson Greer, discusses next steps in BTA talks – The Times of India
Commerce and industry minister Piyush Goyal on Friday met US Trade Representative Jamieson Greer and reviewed the next steps in negotiations for the proposed India-US bilateral trade agreement (BTA).The meeting took place on the sidelines of the 14th ministerial conference (MC14) of the World Trade Organisation in Yaounde, Cameroon, where both sides also exchanged views on issues related to the WTO agenda.“Had a very productive discussion with @USTradeRep Jamieson Greer on the sidelines of the WTO Ministerial Conference. Exchanged views on the #WTOMC14 agenda, next steps in the India-US BTA negotiations and explored ways to further deepen our economic cooperation and bilateral trade ties,” Goyal said in a social media post.The development comes amid ongoing efforts by both countries to finalise an interim trade pact. Last month, India and the US announced that they had finalised a framework for the first phase of the agreement, though it is yet to be signed.The two sides had earlier announced a trade deal on February 2, followed by a joint statement on February 7 outlining the contours of the agreement.As part of the framework, the US had agreed to reduce tariffs on Indian goods to 18%. However, the tariff structure has since undergone changes after the US Supreme Court struck down sweeping tariffs imposed under earlier measures.Following the ruling, US President Donald Trump introduced a 10% tariff on all countries for a period of 150 days starting February 24.In view of these developments, a planned meeting between chief negotiators of India and the US — aimed at finalising the legal text of the agreement — has been postponed. The pact was earlier expected to be signed this month.An official had earlier said that the interim trade agreement would be signed once the new global tariff framework of the US is fully in place.
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