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    <title>1997 (10) TMI 283 - CEGAT, NEW DELHI</title>
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    <description>Gentamycin Injection I.P. (Vet) was treated as a medicament specified in the Indian Pharmacopoeia, so it did not become a patent or proprietary medicament merely because it was marketed for veterinary use. The relevant Chapter 30 entry applied only where the product name or accompanying marks showed a trade connection with a particular manufacturer or marketer. The cattle-head symbol and label were held to indicate veterinary use, not brand identity, and a house mark was distinguished from a product mark. The higher-duty classification was rejected, and the goods were held not liable to duty as patent or proprietary medicaments, subject to any refund being governed by unjust enrichment.</description>
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      <link>https://www.taxtmi.com/caselaws?id=94345</link>
      <description>Gentamycin Injection I.P. (Vet) was treated as a medicament specified in the Indian Pharmacopoeia, so it did not become a patent or proprietary medicament merely because it was marketed for veterinary use. The relevant Chapter 30 entry applied only where the product name or accompanying marks showed a trade connection with a particular manufacturer or marketer. The cattle-head symbol and label were held to indicate veterinary use, not brand identity, and a house mark was distinguished from a product mark. The higher-duty classification was rejected, and the goods were held not liable to duty as patent or proprietary medicaments, subject to any refund being governed by unjust enrichment.</description>
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