Trade Marks Act - Issue of grant of registration can be remitted back to Examiner as trade mark could not be rejected and is required to be advertised : HC (See 'Legal Desk') LODR Regulations - Stay can be granted on effect and operation of order pending disposal of appeal on condition that Appellant deposits 50% of interest amount determined to be payable to CUHL : SAT (See 'Legal Desk') SARFAESI Act - If any borrower is aggrieved by action of private bank/ARC, then borrower has to avail remedy under SARFAESI Act and no writ petition can lie or is maintainable : HC (See 'Legal Desk') CCI approves acquisition of stake in PAMP Technologies by PAMP Ventures SA (See 'Corp Brief') SARFAESI Act - Due to failure to repay outstanding amount despite interim order, present petition is dismissed : HC (See 'Legal Desk') Limitation Act - Sec 14 of Limitation Act is wide in its application, inasmuch as it is not confined in its applicability only to cases of defect of jurisdiction but applicable also to cases where prior proceedings have failed on account of other cause : HC (See 'Legal Desk') IBC - Application is deemed to be withdrawn as it is filed at time when amendments came into force and it is incumbent upon FC to comply with newly enforced statutory requirements : NCLT (See 'Legal Desk') Indian Economic Service calls on President Murmu (See 'Corp Brief') Companies Act - ROC's decision of rejecting application for conversion is not contrary to legislative intent of Section 18 : HC (See 'Legal Desk') PMLA - If criminal case against person is quashed then there can be no offence of money laundering against him : HC (See 'Legal Desk') SEBI Act - Violation of various SEBI circulars by noticee stands established for which penalty can be imposed : SEBI (See 'Legal Desk') Ambuja Cements signs agreement to acquire 1.5 MTPA Grinding Unit at Tuticorin (See 'Corp Brief') PMLA - Any person aggrieved by order, even if person is not party to order, can file appeal u/s 26 of PMLA, 2002 before Appellate Tribunal : HC (See 'Legal Desk') Copyright Act - Trustee only owe fiduciary duty to beneficiary with regards to trust property and Registrar of Copyright to rectify Register in that registration shall be in name of Trust : HC (See 'Legal Desk') SEBI Act - Though broker has failed to be vigilant in securities market by allowing and facilitating non-genuine transactions but has not personally gained from transactions : SAT (See 'Legal Desk') IREDA celebrates legacy: Past leaders share Vision for Future (See 'Corp Brief') SARFAESI Act - Confirmed auction sale can be interfered by High Court by entertaining writ petition only when there is fraud/collusion and present case is not case of fraud or collusion : SC (See 'Legal Desk')

NPAA may not stop pricing control with stents

Published: Feb 22, 2017

By TIOLCORP News Service

NEW DELHI, FEB 22, 2017: THE National Pharmaceutical Pricing Authority (NPPA) has clearly stated that if it finds 'similar exploitative system' of pricing like what was observed in the stent trade channel, it will not 'shy away' from bringing those devices under price control using special powers, which have been provided under section 19 of Drug (Prices Control) Order, 2013, or DPCO, 2013.

Meanwhile, invoking special powers under section 3(1) of DPCO, 2013, the Department of Pharmaceuticals (DoP) on Tuesday asked the stent manufacturing companies to submit a weekly report on stents, which have been produced and distributed till date, and maintain their current supply in the market. The NPPA works under the DoP.

"They will also submit a weekly production plan for the next week to NPPA and Drug Controller General of India (DCGI)," said the DOP on Tuesday. Section 3(1) of the DPCO, 2013 states that Centre can "direct formulators to sell the formulations to institutions, hospitals or any agency" with a view to achieve adequate availability "in case of emergency or in circumstances of urgency".

Centre has invoked these powers as it has been receiving reports regarding shortage of stents in hospitals and market. NPPA is currently monitoring the prices of devices which have seen sudden hike of more than 10 per cent recently. "The authority decided to take up on priority, monitoring of prices of devices, (which are not under price control), but reporting more than 10 per cent increase in prices, and to take strict action against erring industries," said NPPA.

Para 19 of the DPCO, 2013 states that under "extraordinary circumstances", the NPPA can fix the ceiling price for any drug in public interest.

TIOL CORP SEARCH

TIOL GROUP WEBSITES