Bayer vs UOI and Cipla: Patent Apathy by the Government?

In our last post, we bemoaned the fact that the government was not taking the Bayer writ seriously enough. This apathy caused Dilip Shah, Secretary General of the Indian Pharmaceutical Alliance (IPA) to write a letter to the government, as below:

(A similarly worded letter was addressed to Mr Ashok Kumar, Secretary, Department of Pharmaceuticals as well).

To:
Mr Naresh Dayal
Secretary
Department of Health
Ministry of Health & Family Welfare
Nirman Bhawan, Room No. 149
New Delhi 110 011

Dear Mr Dayal,

Re: Delhi High Court Order dated 7 November 2008: In WP(C) No. 7833 of 2008: Bayer vs Union of India & Anr

We invite your attention to our letters of 15 January and 5 February 2009 on the above noted subject.

The said case was heard on 18, 19 and 25 February 2009. The Petitioner’s (Bayer) Counsel (Mr Shanti Bhushan) argued the case for three days. However, when the time came for the Union of India to respond on 25 February 2009, the assigned Senior Counsel was absent. It was after the regular hours of business. The Standing Counsel could have at least asked for hearing to continue on the next day when the Senior Counsel could have been called to respond, but instead the Standing Counsel concluded his arguments in less than five minutes.

It is indeed sad that on a matter of serious policy issues, the UoI (Respondent # 1) and the Drugs Controller General of India (Respondent # 2) have not even argued their case before the Delhi High Court, inspite of letters requesting your personal intervention.

With kind regards,

Yours sincerely,

D G Shah
Secretary General

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