Hon’ble Yatindra Singh, J.—The controversy involved in these two writ petitions revolves around two of the intellectual property rights (IPRs) namely Patents and Trade marks; it also involves their interplay with the Drugs and Cosmetics Act, 1940 (the Drugs Act) . It arises in connection of grant of licence to manufacture Ayurvedic drugs for animals.

THE FACTS

2. M/s Cattle Remedies, Araon Road, Sirsaganj, Firozabad (the petitioner) as well as M/s Bio-Herbs Pharma, Chamar Gate, Hathras (the contesting respondents) manufacture Ayurvedic drugs for animals.

3. They have licence to manufacture many Ayurvedic drugs but controversy here is in regard to the grant of licence for the following three Ayurvedic drugs (the disputed drugs) for the animals that both of them have given same name. They are :

(i) Catone: It is a powder. It is for cleaning stomach and improving digestion;

(ii) Catcough: It is a paste. It is for ‘cough and cold’;

(iii) Uterotone: It is a syrup. It is for facilitating reproduction and problems relating to it.

These names are being referred to as the disputed names in this judgment.

4. The petitioner’s firm was first one to start and sometimes in 1971, the part