Apotex Pty Ltd (formerly GenRx Pty Limited) v Les Laboratoires Servier (No 2) [2008] FCA 607

Apotex Pty Ltd (formerly GenRx Pty Limited) v Les Laboratoires Servier (No 2) [2008] FCA 607

Servier's stamp was misleading or likely to mislead pharmacists and patients (but not medical practitioners) regarding brand substitution for Coversyl, and Servier was liable under s 52 for distributing the stamp. The reference to 'improved stability' in advertising and to 'now indicated' for a medical condition...

Source-derived case information.

Parties
Applicant: Apotex Pty Ltd (formerly GenRx Pty Limited); First Respondent: Les Laboratoires Servier; Second Respondent: Servier Laboratories (Aust) Pty Ltd ACN 004 838 500
Jurisdiction
Australia
Judgment Date
08 May 2008
Procedural Posture
Civil / First Instance Judgment
Outcome
Partially in favour of the applicant (Apotex Pty Ltd), with directions to file proposed orders. Findings of contraventions of s 52 by Servier for certain representations. Other allegations dismissed.
Legal Topics
Misleading and Deceptive Conduct, Pharmaceutical Advertising, Section 52 of the Trade Practices Act 1974
Trade Practices Misleading and Deceptive Conduct Pharmaceutical Advertising Section 52 of the Trade Practices Act 1974

Source-derived case record

Summary, issues, holding and outcome

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Parties

Apotex Pty Ltd (formerly GenRx Pty Limited)

Applicant

Les Laboratoires Servier

First Respondent

Servier Laboratories (Aust) Pty Ltd ACN 004 838 500

Second Respondent

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether Servier's stamp and advertisements contained or conveyed misleading or deceptive representations in breach of s 52 of the Trade Practices Act 1974 (Cth)

Ratio Decidendi

Servier's stamp was misleading or likely to mislead pharmacists and patients (but not medical practitioners) regarding brand substitution for Coversyl, and Servier was liable under s 52 for distributing the stamp. The reference to 'improved stability' in advertising and to 'now indicated' for a medical condition were likely to mislead medical practitioners in breach of s 52. Other advertisements did not contravene s 52 as alleged.

Court Disposition

Partially in favour of the applicant (Apotex Pty Ltd), with directions to file proposed orders. Findings of contraventions of s 52 by Servier for certain representations. Other allegations dismissed.

Orders

  • The parties are to submit orders to give effect to these reasons for decision within 14 days.