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Cadila Healthcare appeals against stay on Penegra

Stung by the Delhi high court's interim order
restraining the marketing of Penegra, which has a market of Rs 8 million a month, Cadila Healthcare Ltd on Friday appealed against the order passed by the court on a petition by Pfizer Inc, producers of anti-impotency drug Viagra.

The interim order was passed when Pfizer alleged that Cadila's drug Penegra looked like a copied version of Viagra while expressing apprehension that the goods of Cadila might be passed as the goods of Pfizer.

Hearing the appeal, a division bench comprising Justice Manmohan Sarin and Justice J D Kapoor issued notices to Pfizer asking it to file its reply within four days while fixing the next hearing for June 27.

Pleading for vacation of the interim order, Cadila's counsel Kapil Sibal and Rajiv Nayar said the US pharmaceutical giant would not be affected by the product of the Indian company as Viagra was not marketed in India.

Stating that Cadila has been manufacturing the drug under the brand name Penegra since January this year and no action was taken by the foreign company till now, Sibal said: "The ex-parte injunction against Cadila would affect its business which is at the tune of Rs 8 million per month.

Cadila also contended that since the anti-impotency drug was a scheduled drug sold by the chemists under the prescription, there was no chance of confusion and deception as alleged by the pharmaceutical giant.

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