Dear Reader, We are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.
Surgical gloves and single-use medical gloves to be under Quality Control
India’s Department of Pharmaceuticals (DoP) is reportedly considering regulating surgical gloves and single-use medical examination gloves by way of Quality Control Order (QCO). These products are medical devices, but are routinely imported under non-medical device HSN codes. The department hopes that by bringing them under a QCO, it will be easier to regulate the quality as the gloves may be referred to BIS testing laboratories for testing.
Source: bit.ly/4c5k3GA
Use of third party trade mark as internet ad words may not result in trademark infringement if it does not cause confusion: Supreme Court
India’s Supreme Court has dismissed challenge to an order of Delhi High Court, which differentiated between bidding and use of ad words in advertisements and trademark infringement. The Delhi High Court had held that use of third party trade mark as ad words will not result in infringement or passing-off of the registered trade mark if there is no scope of confusion amongst the consumers.
Source: bit.ly/3PeayLs
Refurbishing original equipment and selling under different brand may be unlawful: High Court
India’s Delhi High Court has ruled refurbishing a used branded product, and selling under a different brand name, would constitute reverse passing-off under India’s trade mark law. It has restrained a technology company from selling hard disks of a popular brand under its own brand after refurbishing.
Source: bit.ly/3wHumAh
New guidelines published for LGBTQIA+ reporting in news and media
The News Broadcasting and Digital Standards Authority (NBDSA) has framed guidelines for news and media networks who cover LGBTQIA+ stories. All news channels have been directed to ensure that their news reporting does not promote homophobia or transphobia or negative stereotypes about the LGBTQIA+ community.
Source: bit.ly/3T8Flun
Manufacturers supplying drugs to US market may have to provide notice of discontinuation or interruption of production to US FDA
The US Food and Drug Administration (US FDA), in an attempt to avert medical shortages, has released draft guidance which requires manufacturers to notify the agency of any changes in the production of certain finished products including Active Pharmaceutical Ingredients (API), biological products, and finished drug products. The draft guidance provides a detailed mechanism and timeframe for notification in case of permanent discontinuance or interruption in manufacturing of products covered by the guidance.
Source: bit.ly/3wHX842