Over 22 years after Chennai-based TTK Healthcare filed a trademark suit against Swiss Pharma company Robapharm, both the companies have decided to settle the dispute on their own.
Both the companies have been fighting a long legal battle in Madras High Court and Intellectual Property Appellate Board (IPAB) since 1992. Ossopan is a calcium supplement, used in the prevention and treatment of Osteoporosis, Osteomalacia and Osteopenia. E-mails sent to both the companies remained unanswered.
The trademark dispute started in 1992 when TTK Healthcare filed a rectification of trademark petition against Robapharm, claiming they are the owners of the trademark Ossopan.
To counter it, Robapharm in 1993 filed a suit in the Madras High Court praying for an injunction refraining TTK Healthcare from using Ossopan mark for their calcium supplement drug, claiming it is the prior adapter of the mark. Subsequently, the case was moved to IPAB.
When the case came up before the IPAB in last week, the counsel for TTK Healthcare told the bench that the company had received a proposal from the Swiss company saying it would prefer to go for a settlement.
The IPAB Bench granted two-month time to report the settlement.
According to sources, the modalities of the settlement are yet to be finalised, though the companies have expressed their intent to resolve the trademark dispute.
Robapharm in the suit filed in 1993 had prayed for a permanent injunction restraining TTK Healthcare from manufacturing, marketing, distributing, offering and advertising for sale any pharmaceutical, veterinary and sanitary substances, among other products, using the name ‘Ossopan’ or any other name which is in any way phonetically similar to the Robapharm’s registered trademark ‘Ossopan’.