CCI has no role in patent disputes: NCLAT

New Delhi: Appellate tribunal NCLAT has said the fair trade regulator Competition Commission of India has no power to examine into the disputes related to patent matters.

Dismissing an appeal against a CCI order, in which the regulator had closed a complaint against Swiss pharma major Vifor International (AG), a two-member NCLAT bench said the ‘Patent Act will prevail over the Competition Act’.

Citing the earlier judgments, NCLAT said: “Considering the judgment of the Delhi High Court in the case of Telefonaktiebolaget LM Ericsson (PUBL) and the Supreme Court in the SLP No. 25026/2023, it is apparent that the CCI lacks the power to examine the allegations made against Vifor International (AG).”

NCLAT, which is an appellate authority over the orders passed by CCI, said Vifor International had the patent for Ferric Carboxymaltose (FCM) injection, which is required for the treatment of Iron Deficiency Anaemia (IDA).