Delhi HC allows Cipla to make HIV drugs patented by Bayer

The Delhi High Court dismissed a petition filed by German Pharma-Bayer India Ltd, which sought a stay on the manufacture of a generic drug by Cipla, used for HIV AIDS, for being non-patented.

Dismissing the petition, Justice Ravinder Bhat said the Bayer’s writ petition was speculative as un-patented drugs were not spurious.

The Judge levelled a cost of Rs 6.75 lakh on Bayer India as well as the Union Of India (UOI), stating that the filing of the petition attempted to tweak the public policy as it could stall the manufacture of an important drug.

Appearing for Cipla, senior lawyer Arun Jaitley, alongwith Ms Pratibha and Mr Maninder Singh, told the court that there was no need to take an approval for marketing an HIV drug, but Bayer took the stay and deprived many people of a life-saving drug.

The court, on November 7 last, had stayed the manufacture and marketing of the drug as it was not patented.