India’s pharmaceutical sector faces a pivotal year of transformation: Adapting to change and embracing a shifting worldwide landscape | Hindustan Times

The Indian pharmaceutical industry has faced significant challenges in recent years, but 2022 has been a defining year for the sector. The industry has had to navigate disruptions caused by the COVID-19 pandemic, regulatory changes, and global trade tensions. Despite these challenges, Indian pharma has shown resilience and adaptability, and is now preparing for a new global order.

One of the major disruptions faced by the industry has been the pandemic, which has led to supply chain disruptions, lockdowns, and changes in demand patterns. However, Indian pharma companies have responded by investing in digital transformation, diversifying their product portfolios, and expanding their global footprint. The industry has also seen a significant increase in investments in research and development, with a focus on developing new and innovative products.

Regulatory changes have also been a major challenge for the industry. The Indian government has introduced several policies aimed at promoting the domestic pharmaceutical industry, including the Production Linked Incentive (PLI) scheme, which provides incentives to companies that invest in domestic manufacturing. The government has also introduced new regulations aimed at improving the quality of pharmaceutical products and reducing the risk of counterfeit medicines.

Despite these challenges, the Indian pharmaceutical industry has continued to grow, with exports increasing by over 20% in the past year. The industry has also seen a significant increase in foreign investments, with several global companies investing in Indian pharma companies. The industry is also expected to benefit from the government’s efforts to promote the development of a domestic pharmaceutical industry, including the establishment of pharmaceutical parks and clusters.

As the industry prepares for a new global order, it is likely to face new challenges and opportunities. The COVID-19 pandemic has accelerated the trend towards digitalization and online healthcare, and Indian pharma companies will need to invest in digital technologies to remain competitive. The industry will also need to navigate the changing global trade landscape, including the impact of Brexit and the US-China trade war.

Overall, 2022 has been a defining year for the Indian pharmaceutical industry, with the sector navigating significant disruptions and preparing for a new global order. The industry has shown resilience and adaptability, and is well-positioned to take advantage of new opportunities and challenges in the coming years. With the government’s support and the industry’s own efforts, Indian pharma is likely to continue to grow and thrive, and play an increasingly important role in the global pharmaceutical industry.

Indian pharma companies are working to develop new and innovative products, including vaccines, biologics, and gene therapies. The industry is also investing in emerging technologies such as artificial intelligence, blockchain, and the Internet of Things (IoT) to improve the quality and efficiency of its operations. As the industry looks to the future, it is clear that Indian pharma will play an increasingly important role in the global pharmaceutical industry, and will continue to be a major driver of economic growth and innovation in India.

Bombay High Court Denies Sun Pharma’s Request for Temporary Restraining Order Against Competitor EsiRaft, Allowing it to Continue Challenging RACIRAFT

The Bombay High Court has refused to grant an interim injunction to Sun Pharmaceutical Industries Limited, allowing Meghmani Lifesciences Limited to continue using the trademark “EsiRaft” for its pharmaceutical product. The court found that the mark is not deceptively similar to Sun Pharma’s “RACIRAFT” and that there is no likelihood of confusion between the two marks.

Sun Pharma had filed a trademark infringement and passing off suit against Meghmani Lifesciences, claiming that the use of “EsiRaft” infringed on its goodwill and was likely to cause confusion among consumers. However, the court held that the marks are visually and phonetically dissimilar and that the element “RAFT” is descriptive of the product’s characteristics and cannot be used to establish deceptive similarity.

The court also noted that the prefixes “RACI” and “ESI” are distinct and that Meghmani Lifesciences’ adoption of the mark was bona fide. The company had explained that “ESI” referred to “Enhanced System Improvement” and “Esophageal Symptom Index”. The court observed that the use of two-color combinations on the packaging was common in the trade and was insufficient to establish infringement.

The court applied the principles of trademark law, including the anti-dissection rule, the viewpoint of an average consumer with imperfect recollection, and the likelihood of confusion. It found that the competing marks are prima facie visually and phonetically dissimilar and will not create any confusion in the minds of consumers.

In dismissing Sun Pharma’s interim injunction plea, the court held that the company had failed to make out a prima facie case of trademark infringement or passing off. The court also vacated an earlier ex-parte ad-interim injunction that had restrained Meghmani Lifesciences from using the disputed mark. The decision allows Meghmani Lifesciences to continue using the “EsiRaft” mark for its product, which is used to treat heartburn and indigestion.

The case highlights the importance of careful consideration of trademark similarity and the need for companies to establish a strong case of infringement or passing off in order to obtain an interim injunction. The court’s decision is significant, as it allows Meghmani Lifesciences to continue marketing its product without interruption, while also protecting the rights of Sun Pharma to pursue its claims in the main suit.

The court’s observation that the get-up of the marks itself is different and the overall visual appearance of the rival products is dissimilar, is crucial in determining the likelihood of confusion. The decision also emphasizes the need for companies to ensure that their trademarks are distinctive and do not infringe on the rights of other companies.

In conclusion, the Bombay High Court’s decision in this case provides guidance on the principles of trademark law and the factors that are considered in determining the likelihood of confusion between two marks. The decision is a significant one, as it allows Meghmani Lifesciences to continue using the “EsiRaft” mark, while also protecting the rights of Sun Pharma to pursue its claims in the main suit.

Sun Pharma Wins Reprieve as CESTAT Sends Back Rs. 3.90 Crore Excise Demand for Re-Assessment Over EOU DTA Sales and Deemed Exports – Juris Hour

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has remanded a Rs. 3.90 crore excise demand against Sun Pharmaceutical Industries Ltd. regarding sales from an Export Oriented Unit (EOU) to a Domestic Tariff Area (DTA). The tribunal has directed the authorities to recalculate the deemed exports and the corresponding excise duty liability.

The dispute arose from the company’s sales from its EOU to its DTA unit, which were treated as deemed exports under the Export and Import Policy. The excise authorities demanded duty on these sales, claiming that they were not genuine exports. Sun Pharma argued that the sales were eligible for exemption under the exemption notification, as they were deemed exports.

The CESTAT observed that the excise authorities had not properly verified the deemed export benefits claimed by the company. The tribunal noted that the authorities had not considered the export proceeds realized by the company and had not verified the consumption of the goods in the DTA.

The CESTAT held that the excise authorities’ demand was not sustainable and remanded the matter to the original authority to recalculate the deemed exports and the corresponding excise duty liability. The tribunal directed the authorities to consider the export proceeds realized by the company and to verify the consumption of the goods in the DTA.

The CESTAT’s order is significant, as it clarifies the treatment of sales from an EOU to a DTA under the excise law. The order also highlights the importance of proper verification and calculation of deemed export benefits. The remand order will allow the authorities to re-examine the company’s claims and calculate the correct excise duty liability.

The case emphasizes the need for exporters to maintain accurate records and documentation to support their claims for deemed export benefits. It also underscores the importance of proper verification and calculation by the excise authorities to ensure that the correct excise duty liability is determined. The CESTAT’s order will provide guidance to other exporters and excise authorities in similar cases, ensuring consistency and clarity in the application of the excise law.

Experts from Apollo, Aster CMI, and Fortis warn that snoring may be a warning sign of underlying heart issues, citing five key reasons.

Persistent, loud snoring is often dismissed as a harmless nighttime habit, but it can be a warning sign of obstructive sleep apnea (OSA), a condition that puts the heart under constant stress. According to leading medical experts, OSA can lead to high blood pressure, irregular heart rhythms, and eventually, heart failure. Dr. Varun Bansal, a senior consultant at Indraprastha Apollo Hospitals, states that snoring is frequently trivialized, yet its impact on the body is profound, and is strongly linked with changes in the way the heart and blood vessels work.

Experts have identified five critical ways that chronic snoring and sleep apnea damage the cardiovascular system:

  1. Oxygen deprivation and heart stress: When snoring transitions into sleep apnea, the airway becomes blocked, causing breathing to stop for seconds or even a minute, leading to a state of emergency and triggering stress systems that spike the heart rate.
  2. The link to ‘stubborn’ high blood pressure: Blood pressure stays elevated or surges during apnea episodes, making the heart muscle stiff and less functional over time.
  3. Dangerous heart rhythm disturbances: The repeated ‘stop-start’ nature of breathing during sleep stimulates stress hormones like adrenaline, increasing the risk of Atrial Fibrillation (AFib) and other irregular heartbeats.
  4. Inflammation and vascular damage: Repeated breathing pauses trigger systemic inflammation, damaging the lining of the blood vessels and speeding up plaque buildup (atherosclerosis), which can lead to heart attacks and weakened heart function.
  5. The ‘vicious cycle’ of metabolic stress: Snoring is tightly correlated with abdominal obesity and diabetes, and sleep disruption interferes with hunger hormones, leading to weight gain, which in turn worsens snoring.

The warning signs of sleep apnea that shouldn’t be ignored include daytime fatigue, gasping for air or choking sounds during sleep, morning headaches, and high blood pressure that doesn’t respond well to medication. While occasional snoring due to a cold or alcohol use is generally not dangerous, doctors urge a medical evaluation if snoring is accompanied by these symptoms.

The good news is that heart damage caused by sleep apnea is often preventable and sometimes reversible if caught early. Treatments like CPAP devices, weight management, and lifestyle changes can stabilize heart rhythms and lower blood pressure. If you or a loved one are chronic snorers, a sleep study could be the first step in protecting your heart’s future. It’s essential to seek medical advice if you’re concerned about snoring or sleep apnea, as early detection and treatment can make a significant difference in preventing long-term heart damage.

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