Skip to main content

The seminal Roche v. Cipla decision will resonate in Indian patent litigation for decades to come. Pravin Anand examines its eloquent and articulate interpretation of patent law principles.

 Patent litigation is the ‘king’ of IP litigation, it is generally perceived, but the situation has not been so true with India. While worldwide patent enforcement is an age-old phenomenon, India’s patent landscape owes much to the last decade. The country has made tremendous strides in its patent laws in the last 10 years post-compliance with TRIPS. The pharmaceutical industry is very promising and has much room for growth, especially with the increased protection afforded by the new law and precedents. Reaffirming a promising paradigm shift in the innovation bracket in India and a big boost to the Indian pharmaceutical industry is the recent ruling in the Roche v. Cipla litigation.

The decision of the Division Bench of the Delhi High Court in Roche v. Cipla is a remarkable achievement and a new wave of reform. The case, which deals with Erlotinib Hydrochloride, an anti-cancer drug, is the first of its kind as it is India’s first post-trial pharma patent ruling in a post-TRIPS world, and it is also India’s first patent infringement case.

This article was published in Asia IP January 2016.

To continue reading, please contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Jul 13, 2025

‘First published on Lexology’ By: Sehr Anand When Jane Birkin’s Birkin, the first ever Birkin bag crafted and designed by Hermès hit the auction

Signed, Sealed, Birkin: When Intellectual Property Meets Iconic Fashion
Thought Leadership
Jul 02, 2025

‘First published on WTR’ By: Safir Anand In summary This article explores the new IP Reforms 3.0 initiative in India and various developments in the

Promising reform aims to modernise IP management and protection in India 
Thought Leadership
Jun 28, 2025

‘First published on WTR’ By: Saif Khan and Prajjwal Kushwaha Legal framework Trademarks Act 1999 The Trademarks Act is the parent statutory regulation

India: lack of court harmonisation in tackling emerging online infringement threats underscores need for further case law
Thought Leadership
May 29, 2025

‘First published on Lexology’ By: Sandhya Singh, Sampada Kapoor and Kritika Gandhi Trademarks play a pivotal role in distinguishing the goods or services

Heir of the Family Trademarks