A Commercial Court has passed an ad interim order in favour of Jubilant Generics Limited, a global pharmaceutical company engaged in manufacture, sale and distribution of prescription and OTC pharmaceutical products.
The order restrains parties involved in the manufacture, distribution and export of certain pharmaceutical products viz. Losartan, Citalopram and Amlodipine, using, without authorisation, proprietary technology, confidential trade secrets, and original copyright product dossiers of Jubilant.
The infringing defendants are Medreich Limited, V S International Private Limited, Gracure Pharmaceuticals Limited and Jamp India Pharmaceuticals Private Limited, a subsidiary of Jamp Pharma Corporation, Canada, which were either directly manufacturing and supply/exporting to JAMP Canada these pharmaceutical products, or facilitating such illegal activities.
The court accepted application under Section 12A of the Commercial Court Act.
The petitioner submitted before the court that the dossiers of the product is original literary work under Section 2 (O) of the Copyright Act which are prepared at great expense and after years of research.
Highlighting that the dossier contained extremely confidential information and trade secret. Hence, any unauthorized disclosure of the dossier would be a violation of the trade secret.
The dispute arose after an agreement was made between Jubilant Generics Limited and Jamp Pharma. The Jubilant Generics was required to give a copy of his dossier to Jamp Pharma, according to the agreement.
The parties also entered in an agreement for mutual confidentiality and non-disclosure.
According to the terms signed, Jubilant Generics Limited gave a copy of the product’s dossier to Jamp Pharma for use in the Canadian region which should’ve been subject to the provisions of the confidentiality agreement.
However, The information about the dossier owned by the Jubilant Generics Limited has been given to the defendants unauthorizedly.
Thus, The defendants have obtained and used the dossier without permission and without license, which is a violation of copyright.
The court held the prima facie case in favour of Jubilant Generics Limited.
