The Bombay high court ordered a pharmaceutical company accused of trademark infringement to shell out Rs 1.5 crore as legal costs, which must be donated to the Kerala Chief Minister's Distress Relief Fund.
“Considering the catastrophe that has hit Kerala recently and the fact that the flood situation is a ‘disaster of a serious nature’ which has been categorized as L3 level of disaster by the National Disaster Management Guidelines, the (company) should pay costs of Rs 1.5 crore as a donation to the Kerala Chief Minister Distress Relief Fund,” said Justice Shahrukh Kanthawalla. The court was hearing a petition filed by Glenmark Pharmaceuticals against Galpha Laboratories for infringing their trademark.
Galpha was accused of copying the artwork, colour scheme, font style, a manner of writing and trade dress that refers to the visual appearance of one of Glenmark’s products.
“It is clear that Galpha is not only indulging in infringing activities by repeatedly copying brands of other companies but also appears to be in complete violation of the FDA regulations,” said the judge, adding that the company seemed to be a habitual offender. "Drugs are not sweets. Pharmaceutical companies which provide medicines for the health of the consumers have a special duty of care towards them. These companies, in fact, have a greater responsibility towards the general public. However, nowadays, the corporate and financial goals of such companies cloud the decisions of its executives whose decisions are incentivized by profits, more often than not, at the cost of public health. This case is a perfect example of just that,” the judge said.
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