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The Delhi High court on Friday allowed pharmaceutical companies Biocon and Mylan to manufacture as well as sell its Biosimilar drug Trastuzumab in India. Trastuzumab is used to treat breast and stomach cancer.
Biocon and Mylan were earlier being challenged by Roche- a Swiss multinational health-care company, who in a statement released by the High Court order said that it was “disappointed with Indian court’s decision”.
The decision came after both Biocon and Mylan challenged an earlier order passed in April 2016 barring them from claiming biosimilarity to Herception, the Trastuzumab of Roche. Roche had objected that CANMAB by Biocon and Hertraz by Mylan were not biosimilars or the Trastuzumab drug. The company claimed that Biocon and Mylan had not conducted their own tests on the drug and were passing off Roche’s tests as their own.
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However, the court has ruled that Roche did not have any legal right to take ownership of the drug. It further said that the case could have been taken in front of the licensing authority, which in this case was the centre.
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