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The Delhi High Court has upheld Novartis’s ‘quia timet’ action (apprehension that the other party might do something that would harm the petitioner’s interest) against Zydus and Cadila.
Novartis holds the patent for a combination of valsartan and sacubitril to treat cardiovascular disease. Zydus applied for the ‘ARNX’ trademark for the two drugs registered in its favour. Novartis sought to restrain Zydus and Cadila from dealing in any combination of sacubitril and valsartan or its pharmaceutically acceptable salt.
Zydus argued that the cause for action was illusory, as it was in talks with Novartis to market Novartis’s products under the Zydus trademark. Justice Hari Shankar observed that “there is substance” in Novartis’s submission that it could not “sit back when another drug manufacturer applied for registration of a trademark covering an identical combination, applied for a patent in respect of the said combination, and also informed the plaintiff’s investigator that the drug was to be launched in the market shortly and that the requisite manufacturing and marketing approval had already been obtained”.
Right to approach rent court
A single-judge Bench of the Madras High Court recently ruled that tenants or landlords cannot be barred from approaching the Rent Court over eviction or other disputes if the rent authority has delayed issuing the tenancy registration number. The order was passed on a civil revision petition filed by Madan Sundarajan and Malini Madan, seeking to set aside an order passed by X Court of Small Causes, Chennai. The Madras High Court ruled that registration has become mandatory for landlords or tenants to approach the Rent Court under Section 4(3) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. Noting that the rent authority’s delay in registering the application cannot be a ground to deny tenants the option to approach the rent court, the Madras High Court said rent authorities are bound to comply with Section 4(4) of the Act and allot tenancy registration number within 30 days of receiving applications from landlords.
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