LANDMARK CASE
Cadila Health Care v. Cadila Pharmaceuticals
(2001) 5 SCC 73 · Supreme Court of India · Intellectual property
At a glance
- Citation: (2001) 5 SCC 73
- Court: Supreme Court of India
- Area of law: Intellectual property
- In one line: Factors include the nature of the marks, goods and buyers. A stricter approach applies to medicines due to health risks.
1 Facts
Two companies used the name 'Cadila' for similar drugs, Falcigo and Falcitab.
2 Issue
What tests apply in passing off for medicinal products?
3 What the court decided
Factors include the nature of the marks, goods and buyers. A stricter approach applies to medicines due to health risks.
4 Why it matters
The leading case on deceptive similarity.
5 Think about it
Why are medicines treated more strictly?
6 Analyse it yourself
Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.
7 More cases on Intellectual property
- Amar Nath Sehgal v. Union of India (2005) 30 PTC 253 (Del)
- Eastern Book Company v. D.B. Modak (2008) 1 SCC 1
- Indian Performing Right Society v. Eastern Indian Motion Pictures Association (1977) 2 SCC 820
- Novartis AG v. Union of India (2013) 6 SCC 1
- R.G. Anand v. Delux Films (1978) 4 SCC 118
- Satyam Infoway v. Sifynet Solutions (2004) 6 SCC 145
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