Pfizer challenges Indian court ruling over copycat Viagra colour change
US pharmaceutical giant Pfizer, manufacturer of antiimpotency drug Viagra, has challenged the Delhi High Court's order allowing the Indian pharmaceutical major Cadila Healthcare to market its drug Penegra by changing its colour from blue to pink. Pfizer's lawyer C M Lall informed the court about the appeal after Cadila's counsel, P Chidambram, told justice A K Sikri that the Indian company had changed the colour of its pill Penegra from blue to pink so as not to be mistaken for Pfizer's blue Viagra.
Meanwhile, two other Indian companies, Cipla and Yogi Herboclub — who were issued notice on the allegation by Pfizer that they were also manufacturing an antiimpotency drug by copying Viagra's formula, using similar names and identical colour — filed their reply in the court. Pfizer had alleged that Cipla was passing off its drug Silagra as its Viagra by copying the shape and colour of the tablet. So was Yogi Herboclub with its Indiagra, Pfizer alleged.
A division bench of the court on 30 June had allowed Cadila to manufacture and sell Penegra, subject to the condition that it would change the colour of its drug to make it appear different from Pfizer's Viagra. Penegra brings in around Indian Rs8m ($170,000) per month for Cadila.
Cadila had contended that the US pharmaceutical giant would not be affected by its product, as Viagra is not marketed in India. Moreover, since Viagra is a prescribed drug, there was no chance of consumers confusing Penegra for Viagra. Pfizer, which claimed to have spent millions of dollars on research and development, had complained that their brand name was being copied by Cadila and accused it of describing Penegra as "Indian Viagra".
Lall had alleged that Cadila has adopted the trade mark Penegra, which was "deceptively similar to Viagra in shape and colour" with the intention to benefit from the popularity and reputation of the drug produced by the US company. He said Pfizer had spent millions of dollars and other resources on the research which resulted in developing Viagra (sildenafil citrate) to help cure erectile dysfunction or male impotence. Claiming development of Viagra as a major medical breakthrough, the US company said Cadila should not be permitted to take undue advantage by resorting to unfair means.