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Viagra Vs Penegra : Pfizer Sues Cadila


© Sebastian Dominic

Pfizer Inc. won the first round against Cadila Healthcare when it got an ex parte injunction from Delhi High Court. The court has restrained the Cadila from using trademark Penegra for its impotence drug with the same ingredient as Pfizer's star performer Viagra. Viagra is a registered trademark in India though the company has not yet launched the product here.

The Delhi High court has also asked Cadila Healthcare not to use any trademark that is deceptively or confusingly similar to Viagra. The company is also barred from using the blue diamond-shaped characteristic of the Pfizer pill.

Indian patent laws allow firms to manufacture drugs patented elsewhere in the world in India if the company follows a different process. Key ingredient in Viagra is sildenafil citrate for which Pfizer has legal claim. Indian laws are for process patents not product patent. In India, if sildenafil citrate is manufactured by a process not patented by Pfizer then it cannot be legally challenged.

Pfizer took up the issue with Cadila in court on the basis of the trademark for the brand name Penegra. Penegra, as is clear, is deceptive and anyone will relate it to Viagra. Moreover the Cadila product is reported to have a shape and look similar to Viagra.

Since the Drugs Controller General Of India approved sildenafil citrate, many other Indian companies have brought out related versions. Anjantha Pharma has marketed Kamagra, Cipla has Silagra and Sun Pharma has brought out Edegra. Other Indian brands with the gra suffix are Erix from Unichem, Androz from Torrent, and Caverta from Ranbaxy.

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