Pharma Company Natco sues Spicy IPs Shamnad Basheer Seeks 25-lakh in damages for defamation

Pharmaceutical Company Natco has filed a suit in the Delhi High Court against Intellectual Property Blog, “Spicy IP” and Shamnad Basheer (the Defendant) seeking permanent injunction and damages for publishing defamatory and libelous articles on the Spicy IP blog..Pharmaceutical Company Natco has filed a suit in the Delhi High Court against Intellectual Property Blog, “Spicy IP” and Shamnad Basheer (the Defendant) seeking permanent injunction and damages for publishing defamatory and libelous articles on the Spicy IP blog..Natco, in its plaint, has alleged that Basheer has published articles on the Spicy IP blog relating to a suit filed by M/s Bristol Myers Squibb (BMS) against Natco. These articles allegedly contain “false, derogatory and defamatory” statements against Natco..Natco alleges that the articles dated July 31 and August 2 published on the Spicy IP blog “seriously disparage and degrade the reputation of Natco”..In the article dated July 31, 2012, Basheer notes that Natco might have committed a “fatal legal blunder” by making a statement before the Delhi High Court denying any intention to launch a generic version of anti-cancer drug, Dasatinib. However, in June 2012, Natco launched the generic version of the anti-cancer drug..Later, in the article dated August 2, 2012, Basheer reports “In a startling revelation Natco admitted (albeit indirectly) that it had lied in its response to BMS’s quia timet law suit”..Natco alleges in its plaint that Basheer has not only published defematory articles but has also uploaded all the pleadings on the blog. These pleadings are highly privileged, said Natco and such confidential documents are not ordinarily available to the public. Natco has prayed that an enquiry be conducted in this regard..The matter was listed on August 21 before Justice V.K. Jain, who issued notice to the Defendant..Natco has filed the plaint through Advocates Gurinder Pal Singh, M. K. Singh and Gaurav Barathi while Advocate Abhishek Malhotra is representing Shamnad Basheer..Speaking to Bar & Bench, Shamnad Basheer said, “This is nothing short of a cowardly attempt to silence the blog and prevent the truth from emerging. This case goes to the very heart of the freedom of speech and we (both me and SpicyIP) will do all we can to defend it, particularly in instances such as this where corporations take courts for a ride and then attempt to silence critics”..Basheer added, “Res Ipsa Loquitur, a well-known Latin Maxim (meaning “the facts speak for themselves”) applies squarely to this case. Even those with no background in law can come to only one conclusion after they’ve studied the documents filed by Natco and made available on our blog: this leading pharmaceutical corporation blatantly misrepresented to the court and took it for a rather heady ride! There can be no question of defamation when one speaks the truth!”.The matter is now listed on September 18, 2012 for further hearing.