1999 (3) TMI 344

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..... SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - As the common issue involved in both the appeals filed by M/s. Wockhardt Ltd. is whether their product Mannitol Injection B.P. 20% W/V is a patent or proprietary medicine classifiable under sub-heading 3003.10 of the Schedule to the Central Excise Tariff Act, both the appeals are being disposed of by one common order. 2. S .....

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..... duct; that the Collector (Appeals) agreed with their submission that the name of the manufacturer did not figure in a prominent manner; that however, Collector (Appeals) proceeded to take a view that as the label carried four bars, it was not a generic medicament; that the impugned order is ex facie bad in law because nowhere in the notice, there was any allegation with regard to different bars pr .....

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..... was patent or proprietary medicament. He also submitted that there was no legal bar for a manufacturer manufacturing and marketing medicaments under generic name in a coloured label; that unless the colour scheme of the label was registered in favour of the appellant, it could not be regarded as a trade mark of the manufacturer; that if the same colour scheme or colours could be used by any manuf .....

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..... nity to defend the allegation; that the pattern did establish a relationship between the appellants and the medicaments; and as such the impugned medicine is a P or P medicament. 4. We have considered the submissions of both the sides. There is substantial force in the submissions made by the learned Counsel for the appellants that putting bars on the labels and the colour scheme, unless pro .....

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..... 5 (Mad.) wherein it was held as under : "a close reading of the Explanation, however, in my view indicates that the marks, symbols, monogram, medicinal preparation or its container should be such as to indicate that the medicine is a special preparation made by the manufacturer. The connection between the medicine and the manufacturer contemplated under the Explanation should be such as to indica .....

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