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Informist, Tuesday, May 5, 2026

 

--HC bars United Biotech from selling pdts similar to Sun Pharma arm Octride

 

By Surya Tripathi

 

NEW DELHI – The Bombay High Court has restrained United Biotech Pvt. Ltd. from manufacturing, selling or dealing with pharmaceutical products similar to Sun Pharma Laboratories Ltd.'s marks Octride or Octide, till the permanent injunction suit filed by the latter is finally decided. Sun Pharma Laboratories, a wholly-owned subsidiary of Sun Pharmaceutical Industries Ltd., has produced documentary material to prima facie establish the use of the registered mark Octride since the year 1999, whereas the documents produced by United Biotech prima facie establish use of its Otide mark since the year 2006, said the high court.

 

At the relevant time, when United Biotech commenced the use of its Otide mark, Sun Pharma Laboratories had achieved substantial goodwill and reputation, said the high court. Comparatively, Sun Pharma Laboratories sales turnover was about INR 70 million as against United Biotech's turnover of about INR 2.7 million in the year 2006. 

The balance of convenience is in favour of Sun Pharma Laboratories as the deceptively similar mark is likely to cause damage to the reputation and goodwill of the plaintiff, said the court. Considering that the parties are in the same pharmaceutical segment, United Biotech is deemed to be aware of the existence of the Sun Pharma Laboratories' mark.

 

Octride injection is used in the treatment of acromegaly, carcinoid tumors and bleeding esophageal varices. It is also used to prevent complications following surgery of the pancreas. 

 

The high court said that the rival marks were Octride and Otide, where United Biotech has deleted the alphabets "C" and "R" from Sun Pharma Laboratories' mark and created their own mark. By reason of their phonetic similarity, there is strong possibility of the confusion being caused by use of the similar marks, said the court. 

 

Sun Pharma Laboratories said the adoption, use and proprietary right to the trademark Octride was from the year 1998 through the company's pre-decessors in title. In the same year, Sun Pharma Laboratories had also adopted the mark Octide which was registered and was thereafter neither pursued nor the registration was renewed in view of the adoption of Octride mark 

 

Sun Pharma Laboratories had filed the application for registration of Octride trademark in 2003, with user claim of 1998. The molecule composition of Sun Pharma Laboratories' product marketed under Octride is Octreotide Acetate, which is prescribed to treat acromegaly, carcinoid tumors, and bleeding esophageal varices and to prevent complications following surgery of the pancreas. Sun Pharma Laboratories said its products under the trademark Octride have pan India as well global sales.

 

In June 2025, Sun Pharma Laboratories representative came across United Biotech's product bearing the mark Otide in the markets of Chennai, Tamil Nadu, and by way of further investigation found the product being manufactured by the defendant in India and exported to Myanmar. United Biotech had applied for registration of Otide mark in 2003 with a user claim since 1999. Sun Pharma Laboratories contended that the registration obtained by United Biotech is wrongful, ex-facie illegal and invalid, and is liable to be rectified and removed from the register.

 

United Biotech has contended that it was incorporated in the year 1997, and apart from the domestic market, the company was exporting to various countries and has entered into licences with international entities. The mark Otide was adopted in 1999 for pharmaceutical preparations containing the molecule Octreotide Acetate and the adoption was made honestly from the International Non-Proprietary Name of the molecule Octreotide. United Biotech said that Sun Pharma Laboratories has not used the mark Octide commercially till date.

 

At 1128 IST, shares of Sun Pharmaceutical Industries Ltd. were down 0.2% at INR 1,819.30 on the National Stock Exchange.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Edited by Vandana Hingorani

 

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