India

NEW DELHI: In a significant ‘public interest’ move, the Delhi High Court has allowed Zydus Lifesciences to manufacture and sell a biosimilar of Bristol Myers Squibb’s blockbuster cancer therapy, Nivolumab. Priced around 70% less than the patented therapy, the Zydus biosimilar is expected to improve patient access and affordability significantly.A division bench of Justices C Hari Shankar and Om Prakash Shukla on Monday set aside an earlier single-judge order that had blocked the entry of Zydus’ version. The court observed that “where the product in question is a life-saving drug, the court has to err in favour of public interest,” adding that the innovator’s interests could be protected through alternative safeguards.Last year, a single bench had stopped Zydus from marketing the biosimilar, ZRC 3276, an anticancer drug which is essential for treatment of a wide variety of life-threatening cancers, on the ground that the product infringes the innovator’s patent.The order comes four months ahead of the expiry of BMS’ patent on Nivolumab, marketed as Opdiva, on May 2, 2026. “Given the nature of the product, and applying the principle of balance of convenience, too, the interests of justice would require the appellant to be bound down to maintain accounts of the realizations from the sale of its product till the expiry of the suit patent, rather than depriving the ailing public of access to the product’’, the order, accessed by TOI, said.The order has directed Zydus to maintain accounts of the biosimilar sales till the patent expires.Noting that the courts have to walk a tightrope between public interest and intellectual property, they said in the order: “Courts have to be acutely conscious of their duties in such matters. The tightrope is shaky, and walking it is not always an enviable enterprise. Our oath of office, however, obligates us to do so and, while doing so, we have to bear in mind our duty to the teeming citizenry of this country who may be in dire need of the therapy, the release of which a plaintiff seeks to injunct”.Further, it added “There is, at the same time, also a pre-eminent element of public interest in ensuring protection of valuable patents, which should not be forgotten. If Courts are to swing to the other extreme, and openly allow circulation, in the market, of drugs which infringe valuable pharmaceutical patents, the incentive to invent would be altogether lost, which might result in ebbing the stream at the source. There would be no incentive to expend valuable time, energy and often cripplingly huge financial resources in inventing a new and more efficacious drug, if one is not ensured of patent protection as available in law”.About the AuthorRupali MukherjeeA business journalist with around two decades of experience tracking key consumer-focussed sectors like consumer durables, retail, consumer goods, aviation, automobiles and advertising, as well as economic ministries of the Union government. Now, writes primarily on pharmaceuticals and healthcare, and on issues of consumer interest. Besides also looks at trends that are shaping consumer behaviour and the broad consumer landscape. \nYou can follow Rupali on Twitter@Rupalijee.Read MoreEnd of ArticleFollow Us On Social MediaVideosFrom Defence To AI: PM Modi Urges German CEOs To Make India Their Global Manufacturing Base’Real Friends Always…’: Trump’s New Envoy Sergio Gor Pledges To Reset India-US TiesNot Trade Or Defence: Why Four-Year Old Baby Ariha Shah Became Key Topic In Modi–Germany TalksAAP’s Raghav Chadha Turns Blinkit Delivery Agent for a Day Amid Gig Workers’ Row’Will Come to Mumbai, Try Cutting My Legs: Annamalai Hits Back at Raj ThackerayIndia Tests Indigenous Fire And Forget Anti-Tank Missile With Top Attack Strike On Moving TargetsShaksgam Valley Row Deepens As China Rejects India’s Claim And Defends CPEC Infra Project With PakIndia To Join Pax Silica As US Signals New Tech Trust Despite Trade Tensions And Tariff DisputesGerman Chancellor Merz Hails India-Germany Ties, Pushes For ‘Economically Meaningful’ India-EU FTA‘This Is Not India’: Protesters Disrupt Sikh Nagar Kirtan Again In New Zealand With Haka Display123PhotostoriesHow to make Halwai Style Aloo Sabji at homeFrom mindful portions to intermittent fasting: When Taarak Mehta Ka Ooltah Chashmah’s Munmun Dutta gave a peek into her disciplined diet and daily routineTimothée Chalamet to Jacob Elordi: The Men of the 2026 Golden Globes who delivered a masterclass in modern tailoringThalapathy Vijay’s ‘Jana Nayagan’ delayed: 8 must-watch OTT hits to streamTamil Nadu Assembly Elections 2026: Alliances, numbers and the battle for 234 seats5 jungle survival tips Bear Grylls swears by, and how they apply beyond the wildChef Sanjeev Kapoor shares 5 crunchy snack recipes to enjoy with chai during winter `Best horror dramas on Apple TV: ‘The Enfield Poltergeist’, ‘Servant’ and moreFrom Zubeen Garg death to ‘vote chori’: Key political issues in 2026 Assam Assembly polls10 poorest countries in the world123Hot PicksISRO PSLV-C62 missionTrump tariffsGold rate todayBengaluru newsCigarette price hikePublic holidays January 2026Bank Holidays JanuaryTop TrendingStephen Curry BrotherLebron JamesMatthew and Brady Tkachuks Combined Net WorthVanessa BryantBengaluru Girl RapeConnor McDavidISRO LaunchGeorge Valera Net WorthNandani SharmaDarius Slay

Vamsikrishna3 months ago03 mins mins

$NEW DELHI: In a significant ‘public interest’ move, the Delhi High Court has allowed Zydus Lifesciences to manufacture and sell a biosimilar of Bristol Myers Squibb’s blockbuster cancer therapy, Nivolumab. Priced around 70% less than the patented therapy, the Zydus biosimilar is expected to improve patient access and affordability significantly.A division bench of Justices C Hari Shankar and Om Prakash Shukla on Monday set aside an earlier single-judge order that had blocked the entry of Zydus’ version. The court observed that “where the product in question is a life-saving drug, the court has to err in favour of public interest,” adding that the innovator’s interests could be protected through alternative safeguards.Last year, a single bench had stopped Zydus from marketing the biosimilar, ZRC 3276, an anticancer drug which is essential for treatment of a wide variety of life-threatening cancers, on the ground that the product infringes the innovator’s patent.The order comes four months ahead of the expiry of BMS’ patent on Nivolumab, marketed as Opdiva, on May 2, 2026. “Given the nature of the product, and applying the principle of balance of convenience, too, the interests of justice would require the appellant to be bound down to maintain accounts of the realizations from the sale of its product till the expiry of the suit patent, rather than depriving the ailing public of access to the product’’, the order, accessed by TOI, said.The order has directed Zydus to maintain accounts of the biosimilar sales till the patent expires.Noting that the courts have to walk a tightrope between public interest and intellectual property, they said in the order: “Courts have to be acutely conscious of their duties in such matters. The tightrope is shaky, and walking it is not always an enviable enterprise. Our oath of office, however, obligates us to do so and, while doing so, we have to bear in mind our duty to the teeming citizenry of this country who may be in dire need of the therapy, the release of which a plaintiff seeks to injunct”.Further, it added “There is, at the same time, also a pre-eminent element of public interest in ensuring protection of valuable patents, which should not be forgotten. If Courts are to swing to the other extreme, and openly allow circulation, in the market, of drugs which infringe valuable pharmaceutical patents, the incentive to invent would be altogether lost, which might result in ebbing the stream at the source. There would be no incentive to expend valuable time, energy and often cripplingly huge financial resources in inventing a new and more efficacious drug, if one is not ensured of patent protection as available in law”.About the AuthorRupali MukherjeeA business journalist with around two decades of experience tracking key consumer-focussed sectors like consumer durables, retail, consumer goods, aviation, automobiles and advertising, as well as economic ministries of the Union government. Now, writes primarily on pharmaceuticals and healthcare, and on issues of consumer interest. Besides also looks at trends that are shaping consumer behaviour and the broad consumer landscape. \nYou can follow Rupali on Twitter@Rupalijee.Read MoreEnd of ArticleFollow Us On Social MediaVideosFrom Defence To AI: PM Modi Urges German CEOs To Make India Their Global Manufacturing Base’Real Friends Always…’: Trump’s New Envoy Sergio Gor Pledges To Reset India-US TiesNot Trade Or Defence: Why Four-Year Old Baby Ariha Shah Became Key Topic In Modi–Germany TalksAAP’s Raghav Chadha Turns Blinkit Delivery Agent for a Day Amid Gig Workers’ Row’Will Come to Mumbai, Try Cutting My Legs: Annamalai Hits Back at Raj ThackerayIndia Tests Indigenous Fire And Forget Anti-Tank Missile With Top Attack Strike On Moving TargetsShaksgam Valley Row Deepens As China Rejects India’s Claim And Defends CPEC Infra Project With PakIndia To Join Pax Silica As US Signals New Tech Trust Despite Trade Tensions And Tariff DisputesGerman Chancellor Merz Hails India-Germany Ties, Pushes For ‘Economically Meaningful’ India-EU FTA‘This Is Not India’: Protesters Disrupt Sikh Nagar Kirtan Again In New Zealand With Haka Display123PhotostoriesHow to make Halwai Style Aloo Sabji at homeFrom mindful portions to intermittent fasting: When Taarak Mehta Ka Ooltah Chashmah’s Munmun Dutta gave a peek into her disciplined diet and daily routineTimothée Chalamet to Jacob Elordi: The Men of the 2026 Golden Globes who delivered a masterclass in modern tailoringThalapathy Vijay’s ‘Jana Nayagan’ delayed: 8 must-watch OTT hits to streamTamil Nadu Assembly Elections 2026: Alliances, numbers and the battle for 234 seats5 jungle survival tips Bear Grylls swears by, and how they apply beyond the wildChef Sanjeev Kapoor shares 5 crunchy snack recipes to enjoy with chai during winter `Best horror dramas on Apple TV: ‘The Enfield Poltergeist’, ‘Servant’ and moreFrom Zubeen Garg death to ‘vote chori’: Key political issues in 2026 Assam Assembly polls10 poorest countries in the world123Hot PicksISRO PSLV-C62 missionTrump tariffsGold rate todayBengaluru newsCigarette price hikePublic holidays January 2026Bank Holidays JanuaryTop TrendingStephen Curry BrotherLebron JamesMatthew and Brady Tkachuks Combined Net WorthVanessa BryantBengaluru Girl RapeConnor McDavidISRO LaunchGeorge Valera Net WorthNandani SharmaDarius Slay$

Delhi HC clears Zydus biosimilar, boosting access to affordable cancer care

NEW DELHI: In a significant ‘public interest’ move, the Delhi High Court has allowed Zydus Lifesciences to manufacture and sell a biosimilar of Bristol Myers Squibb’s blockbuster cancer therapy, Nivolumab. Priced around 70% less than the patented therapy, the Zydus biosimilar is expected to improve patient access and affordability significantly.A division bench of Justices C Hari Shankar and Om Prakash Shukla on Monday set aside an earlier single-judge order that had blocked the entry of Zydus’ version. The court observed that “where the product in question is a life-saving drug, the court has to err in favour of public interest,” adding that the innovator’s interests could be protected through alternative safeguards.Last year, a single bench had stopped Zydus from marketing the biosimilar, ZRC 3276, an anticancer drug which is essential for treatment of a wide variety of life-threatening cancers, on the ground that the product infringes the innovator’s patent.The order comes four months ahead of the expiry of BMS’ patent on Nivolumab, marketed as Opdiva, on May 2, 2026. “Given the nature of the product, and applying the principle of balance of convenience, too, the interests of justice would require the appellant to be bound down to maintain accounts of the realizations from the sale of its product till the expiry of the suit patent, rather than depriving the ailing public of access to the product’’, the order, accessed by TOI, said.The order has directed Zydus to maintain accounts of the biosimilar sales till the patent expires.Noting that the courts have to walk a tightrope between public interest and intellectual property, they said in the order: “Courts have to be acutely conscious of their duties in such matters. The tightrope is shaky, and walking it is not always an enviable enterprise. Our oath of office, however, obligates us to do so and, while doing so, we have to bear in mind our duty to the teeming citizenry of this country who may be in dire need of the therapy, the release of which a plaintiff seeks to injunct”.Further, it added “There is, at the same time, also a pre-eminent element of public interest in ensuring protection of valuable patents, which should not be forgotten. If Courts are to swing to the other extreme, and openly allow circulation, in the market, of drugs which infringe valuable pharmaceutical patents, the incentive to invent would be altogether lost, which might result in ebbing the stream at the source. There would be no incentive to expend valuable time, energy and often cripplingly huge financial resources in inventing a new and more efficacious drug, if one is not ensured of patent protection as available in law”.

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