Nairobi court orders two firms to produce medicine samples and certificates

NAIROBI: The High Court has ordered an Indian firm and a local distributor to produce samples of medicines and set of original certificates to prove ownership of the name Cipla.

Justice Francis Gikonyo Thursday directed India-based Cipla Ltd and Lords HealthCare Ltd to appear in court next week with the documents "to determine the ownership" and to make it clear "if the defendants are in contempt of court".

Lords wants Cipla's local distributor's directors committed to civil jail for not obeying the court. Through lawyer Sammy Mutur, Lords said the firm was still selling the contested medicines despite a court order barring the same.

Justice Gikonyo will also rule on the contempt application next week.

Thursday, Cipla said as a manufacturer, it was entitled to the medicines distributed by Surgipham. However, Lords said it had already registered the name Cipla so the Indian firm was infringing its copyright.

Mr Muturi told the court that most of the copyright certificates were registered in the 80s and early 90s.

Lords had previously been associated with Cipla Ltd, the defendants in this matter, in relation to the trade of the said pharmaceutical products, by virtue of Cipla being the manufacturer.

"The orders of the court are being infringed by the defendants. It should hear the application on contempt first and then have the other applications after," Muturi argued.

According to court documents, Lords had registered the medicines as per the regulation of the law under the Pharmacy and Poisons Board (PPB), and under brand names that they have been exclusively marketing the products.

Some of these products are Esokit, Esocip, Amzart, Zorcan and Effermol, among others.

The court heard that Lords Healthcare, under Class 16 of the International Nomenclature, held a valid registration for use in the packaging of the products.

The case will be mentioned on July 7.