MAY 2008
Why India's patent battles matter
Four pharmaceutical patent cases being argued in India will have a big impact on healthcare issues in the region. Peter Ollier looks at what is at stake
| One-minute read |
| Since India reintroduced product patents for pharmaceuticals in 2005, people have expected high-profile patent battles between the multinational pharmaceutical companies and India's thriving generics industry. Novartis's fight to obtain a patent for its anti-cancer blockbuster drug Glivec was the first dispute to hit the international headlines and the case is still stuck in the courts. The row over Glivec, along with three new disputes over drug patents, will affect IP and healthcare policies not just in India but also further afield. These four cases raise the question of when an interim injunction should be issued in a patent infringement case, and test the rules for issuing compulsory licences for export. |
When Indian drug maker Cipla decided that it wanted to make its own version of erlotinib, the lung cancer medication marketed by Roche as Tarceva, it didn't do it quietly. Instead of filing a post-grant opposition or requesting a licence, the company announced the launch to the media and boasted of the lower price it could offer. Presumably, it also put its legal team on a state of high alert. In essence, the company said "We're copying – come and get us". Many people at the time asked whether such an aggressive strategy would backfire in court.
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