FACTS OF THE CASE In this case, Cipla Limited, the Respondent/Plaintiff, filed a suit for permanent injunction before the Madras High Court. The suit was against Sun Pharmaceuticals Industries Limited, the Applicant/Defendant, as it infringed the Respondent/Plaintiff’s copyright and registered trademarks as follows: 1. The Applicant/Defendant imitated and substantially reproduced the artistic packaging, trade dress and labels of the Respondent/Plaintiff’s ‘BUDECORT RESPULES’ and ‘DUOLIN RESPULES’ which amounted to infringement of their copyright in artistic works. These were Budeonide Nebuliser Suspension BP, Levosalbutamol and Ipratropium Bromide Respirator Solution which were used in treating patients with respiratory ailments. 2. The Applicant/Defendant used Read More

This appeal was submitted in accordance with Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), and it challenges a decision made ex-parte by the learned Sole Arbitrator in response to a Section 17 application submitted by the Respondent. By the contested order, the learned Sole Arbitrator granted ex-parte ad-interim reliefs in accordance with the respondent’s application’s plea paragraphs (a), (b), (c), and (d). According to the argument, the parties had a legitimate expectation that the arbitral tribunal would hear them out before making a decision on any new Section 17 applications when they were already in front Read More