New Delhi: The Delhi High Court has detained Indian generic drug makers from manufacturing and using any insecticide containing the main ingredients that the patent is claimed by US-based chemical producers.
Justice C Shankar’s Day provides an interim command that supports FMC Corporation, which claims to violations of patents against Natco Pharma.
While US companies sent them to supply insects to kill pesticides to Indian farmers for several decades Natco questioned patent protection when trying to make and sell affordable insecticides but superior to Indian farmers.
HC acts on a request by FMC, states claims on the patent process on the chlorantraniliprole (CTPR) products and processes for preparation.
Allegedly that Natco plans to produce and release in their own CTPR product market, without getting a license from the Plaintiff.
CTPR is the active ingredient used in pest management products commercialized by FMC and used in “Coragen” insecticides and “ferterra” in India, it argues.
In part Natco defended his steps to produce and market CTPR, but it was maintained that the validity of the FMC patent was invalid and urged them to be revoked.
Justice Shankar concluded that the Pharma India company could not see the case of “Prima Facie” to treat FMC patents as invalid or to revoke it, and provide protection to the original manufacturer of HC Interim Curtrains to hold Natco from manufacturing, using, advertising,, exporting, offering to sell And / or sell any product that contains chlorantraniliprole or CTPR and follows a patented process.
The court makes the difference between permissions given in extraordinary circumstances to use patented products for the use of research and experiments.
It shows that in relaxation this case is sought not “for the purpose of only experiments or research” but for making CTPR.
Challenging the patent itself, Natco argues that in the production of CTPR, there is no “inventive step” involved and the ingredients can be used by other drugs to build a better insecticide.
But the HC notes that no person or company can produce CTPR early and until patented products, CTPR has never been found by anyone.
The verdict is likely to encourage the Indian pesticide and fertilizer industry for further innovation to come UO with a better alternative to ensure high-quality pesticides are available to farmers, experts say.
HC detained Natco from using insecticides with FMC Patent Corp
