Industry upset over DCGI's new directive to state drug controllers

The pharmaceutical industry in the country is upset over Drug Controller General of India (DCGI)'s directive to the state drug authorities in which the DCGI is reported to have asked state authorities to implement the recent changes in law to punish companies making adulterated drugs as well as those drugs that copy an established brand but may not necessarily be harmful to consumers (spurious drugs). 

The government had recently amended the Drugs and Cosmetics Act to enhance the punishment for manufacturing and marketing of spurious drugs. The government has also made this offence cognizable and non-bailable. Union health ministry had recently notified the Bill with the attachment of some safeguard guidelines. 

The industry fears that as per the instructions of the DCGI, action will be taken by the state drug authorities even when there is dispute over brand name, design, colour scheme, trade address etc. These are Intellectual Property issues totally distinct from public health issues. 

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