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Commissioner Of Central Excise vs Core Healthcare Ltd. on 12 August, 2005

9. The Tribunal in the case of Wockhardt Ltd. v. Collector of Central Excise, Aurangabad reported in 2000 (124) E.L.T. 386 (Tri.) has held that the names under which the product is described having been given in the pharmacopoeia, mentioning of the name reflecting the connection with the manufacturer will not make the medicine as patent or proprietary. Inasmuch as in the present case also the medicines are being sold under the product's name as described in pharmacopoeia and were not special preparation made by the respondents in which they could claim proprietary rights, the same have to be held as not patent or proprietary medicaments.
Customs, Excise and Gold Tribunal - Mumbai Cites 6 - Cited by 0 - Full Document
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