Patent Act Trumps Competition Act: NCLAT Dismisses Appeal Against Vifor International

The National Company Law Appellate Tribunal (NCLAT) has ruled that the Competition Commission of India (CCI) does not have the jurisdiction to handle disputes involving patents. The tribunal dismissed an appeal that sought to challenge the CCI's decision to close a complaint against Vifor International AG, a Swiss pharmaceutical firm.

NCLAT's decision emphasized that the Patent Act takes precedence over the Competition Act when addressing issues related to patented innovations. In this particular case, the subject of dispute was the rights related to the Ferric Carboxymaltose injection, a treatment for Iron Deficiency Anaemia (IDA), which was patented by Vifor International.

The tribunal's order followed precedents set by higher courts, reiterating that CCI lacked authority to intervene in such matters. Although the patent for the drug has expired, NCLAT still reviewed the jurisdictional boundaries between the Patent Act and the Competition Act, ultimately dismissing the appeal against Vifor International.