Literary Work In Product Dossiers: Local Delhi Court Grants Interim Relief To Jubiliant

The Commercial Court, Noida has recently granted interim injunction against four defendant Indian entities involved in the manufacture and supply of certain pharmaceutical products viz. Losartan, Citalopram and Amlodipine, allegedely using, without authorisation, proprietary technology, confidential trade secrets, and original copyright product dossiers of Jubilant. The defendants namely Medreich Limited, V S International Private Limited, Gracure Pharmaceuticals Limited and Jamp India Pharmaceuticals Private Limited, a subsidiary of Jamp Pharma Corporation, Canada, were allegedly either directly manufacturing or exporting the said products to JAMP Canada. 

Medreich, V S International, Gracure and Jamp India allegedly made multiple attempts to get the stay vacated and sell/export more products to Jamp Canada. But after going through the parties’ submissions, and in particular the admissions of facts made by these three defendants and Jamp India that Jubilant is the author of these product dossiers, and that the defendants have received/used Jubilant product dossiers to actually and repeatedly manufacture/sell these products, the Noida Court has passed order restraining order against defendants until disposal of the suit.

In its order, the Court was of the view that plaintiff Jubilant has a prima facie case to protect its literary work against use without knowledge in India, the balance of convenience lies in favour of plaintiff and that plaintiff has also suffered irreparable loss and injury owing to the sell of products without Jubiliant's knowledge.

For Petitioner: Adv Vaibhav Mittal and Adv Vashistha Parashar
For Defendants: Adv Arjun Krishnan