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NCLAT dismissed the appellant's challenge to CCI's order closing an abuse of dominant position complaint concerning FCM injections. It held that, as FCM was a patented drug of Respondent No. 2 at the relevant time, the Patent Act prevails over the Competition Act, and CCI lacks jurisdiction to examine alleged anti-competitive conduct directly arising from exercise of patent rights. Relying on Section 3(5) of the Competition Act, the Tribunal emphasized that reasonable conditions imposed to protect patent rights are exempt from competition scrutiny. Finding no prima facie infringement of competition law and upholding CCI's view, the appeal was rejected.
NCLAT dismissed the appellant's challenge to CCI's order closing an abuse of dominant position complaint concerning FCM injections. It held that, as FCM was a patented drug of Respondent No. 2 at the relevant time, the Patent Act prevails over the Competition Act, and CCI lacks jurisdiction to examine alleged anti-competitive conduct directly arising from exercise of patent rights. Relying on Section 3(5) of the Competition Act, the Tribunal emphasized that reasonable conditions imposed to protect patent rights are exempt from competition scrutiny. Finding no prima facie infringement of competition law and upholding CCI's view, the appeal was rejected.
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