Delhi HC asks Cipla to stop sale of respiratory drug

Court favours Novartis, but allows Cipla to sell the remaining stock

The high court had issued an injunction order in favour of global drug-giant Novartis, asking Cipla to stop selling the cheaper version of respiratory drug Onbrez.

However, Cipla can sell the remaining stock, the court has ruled. Cipla, in its defence, had said there was not sufficient amount of the drug available in the market.  A Cipla spokesperson said, "We are disappointed with the order. However, we fully comply with it. We will decide on the next course of action once we read the judgement."

The court has told Cipla to apply for a compulsory licence on the drug if the company feels the market does not have adequate supply.

After the launch of generic medicine, Cipla was selling it at Rs 130 for every 10 pills, while the same is being sold at Rs 677 every 10 pills by Novartis.

Novartis moved the high court in December last year, seeking to restrain Cipla from selling the generic version of Onbrez.

Cipla had pointed out that Novartis has had patents on the medicine since 2008, but instead of producing it in India has imported only a “negligible quantity", leading to a shortage in the market.

“Even under the World Trade Organisation Trip Agreement, Compulsory Licences are receognized in order to overcome barriers in accessing affordable medicines and on other ground of nonworkable of suit patent as per conditions prescribed under Sections 83 and 84 of the Act,” the court has said in its order.

Further the judgment has asked Cipla to file for a compulsory license with the related authorities and the related authorities with a direction that the appropriate tribunal shall decide the petition within the period of six months from the date of this order as against this court assuming the role of the licensing court when the domain of the courts and tribunals are defined.

It is still not clear whether Cipla will challenge the Delhi HC order.

Novartis has been selling the medicine in India as an inhalation powder and inhaler under the trademark name of \"Onbrez\" through its licencee Lupin since 2010.