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The present case has highlighted the importance of maintaining a balance between protecting fair access to standardized technologies and protecting intellectual property rights.
“Dr. Reddy’s is willing to give an undertaking that it will not commercially launch product ‘Olaparib’ prior to expiry of Kudos Pharmaceuticals’ patent and until then, it will only undertake activities which are permissible u/s 107-A of Patents Act, 1970.”
Delhi High Court observed that the working of the Defendant’s ‘Present and Record’ feature when compared with the Claims would demonstrate that almost all the same steps therein are present in the Defendant’s product, thus, prima facie, establishing infringement.
Delhi High Court: C. Hari Shankar, J., after a wholesome discussion, rejected the idea of the constitution of a “two-tier” Confidentiality Club