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<div style="MARGIN: 0in 0in 10pt"><span style="FONT-SIZE: 12pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">THE TIMES OF INDIA</span></div>
<p style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">Fate of generics hinges on Bayer case</span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-SIZE: 12pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">19 Jan 2009, 0000 hrs IST, Rupali Mukherjee, TNN</span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-SIZE: 12pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">NEW DELHI: The fate of generic pharma industry and particularly accessibility of medicines will be decided when multinational Bayer's case against the government comes up for hearing in the Delhi High Court on Monday.</span><span style="FONT-SIZE: 12pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'"></span></p>
<p style="MARGIN: 0in 0in 10pt"><span style="FONT-SIZE: 12pt; LINE-HEIGHT: 115%; FONT-FAMILY: 'Times New Roman','serif'">Bayer has taken the Union government and its drug controller to court, indirectly seeking patent linkages linking regulatory approval of generic medicines with their patent status. In other words, patent linkages mean that no marketing approval is given for generic versions of medicines, which have been granted a patent in India. <br>
<br>This is one of rare instances an MNC suing the Indian government to introduce higher intellectual property standards, than what is required under Trips agreement (trade-related aspects of intellectual property rights), experts say. <br>
<br>Since the government has been made a respondent in Bayer's petition, generic industry has asked ministry of health to defend before the court about the decision of not implementing a Trips-plus provision like patent linkages in India. <br>
<br>The Indian Pharmaceutical Alliance has asked the health ministry to ensure that registration of generic drugs does not get affected with their patent status. <br><br>The grounds of Bayer's petition are that the drug controller entertained Cipla's application for grant of marketing rights to generic version of its anti-cancer drug, 'Nexavar', for which it has obtained a patent in India. If marketing approval were granted, its patent rights would be affected, it says. <br>
<br>The case has a huge impact on accessibility of medicine and generic production in general as it may encourage patent holders to approach courts to prevent or delay marketing approval of affordable versions of patented drugs. <br>
<br>Bayer had earlier requested the drug controller to reject Cipla's application, as well as grant a hearing to the company before taking any decision on the matter. But this was not done, it adds. <br><br>The court in its interim order in November directed the drug controller from taking any decision on Cipla's application. <br>
<br>By seeking rejection of Cipla's application, the MNC wants to link marketing approval to the drug's patent status, which has potential to cause serious harm, experts say. <br><br>This is because patent linkages create barriers to the use of compulsory licenses, which are issued to generic producers if patented drugs are not available or affordable, or if countries that lack production capacity order drugs from countries like India. <br>
<br>Linking patent status and registration of medicines means that the drug regulatory authority is required to withhold marketing approval to a generic version of a patented drug regardless of whether the patent granted is valid or not, they added. <br>
<br>Moreover, public health experts point out that marketing approval for a drug is not an infringement of a patent, and the generic company can be challenged once it launches the drug, not at the stage of applying for registration. <br>
<br>During last year multinational pharmaceutical companies lobbied with the drug controller to reject marketing approval to generic companies on patented drugs. Any approval of generic versions of patented drugs would according to them be in violation of their patent rights and would lead to increased litigation. <br>
<br>Proposals to link registration of drugs with their patent status are not new and have been promoted by MNCs and their associations. Several developing countries have faced pressure to introduce patent linkages. In 2001, a group of companies took the South African government to court to prevent it from importing cheaper AIDS medicines, and more recently, Pfizer sued the Philippine government. </span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'"> </span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'"><a onclick="return top.js.OpenExtLink(window,event,this)" href="http://economictimes.indiatimes.com/News/News_By_Industry/Healthcare__Biotech/Pharmaceuticals/No_antidote_to_stop_copies_of_patented_drugs_Health_min/articleshow/3991463.cms" target="_blank">http://economictimes.indiatimes.com/News/News_By_Industry/Healthcare__Biotech/Pharmaceuticals/No_antidote_to_stop_copies_of_patented_drugs_Health_min/articleshow/3991463.cms</a> </span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">ECONOMIC TIMES,</span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">Jan 17, 2009, </span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><b><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">No antidote to stop copies of patented drugs: Health min</span></b></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">The health ministry has said it is not equipped with technical expertise to stop domestic pharmaceutical companies from copying patented drugs. The Delhi High Court (HC), in its interim order on December 19, 2008, told the Drug Controller General of India (DCGI) not to allow companies to market generic versions of medicines patented in India. Multinational drug manufacturers Bayer AG and Bristol-Myers Squibb had approached the court against violations of their patent rights.</span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">"The office of the drug quality regulator DCGI is not equipped to assess patentability of drugs. It can only caution generic drug makers. But we cannot deny marketing approvals," an official in the health ministry, who didn't wish to be named, said. He said the regulator did not have the mandate to investigate patent violations. Indian generic drug makers say that the DCGI's role is limited to regulating safety and efficacy of medicines and not to look into violation of patent rights that have commercial implications.</span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">India, which is a signatory of the trade-related intellectual property rights (TRIPS), is committed to provide patent protection for 20 years. According to the agreement, a drug maker cannot market the generic equivalent of a patented drug before the 20-year window period. There are cases where drug makers have got approvals for selling generic versions of patented medicines, the official said. Such generic drug makers could be penalised if the original drug manufacturers patent violation is proved in the court, he added.</span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">Multinational drug makers, who launch new generation drugs after getting 20-years exclusive marketing rights, criticise the government for practicing double standards.</span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">"While one arm of the government (patent office) grants patents, the other arm (DCGI) takes them back by giving marketing licenses to generic drug makers," an executive of a multinational pharmaceutical company, who wished not to be named, said.</span></p>
<p style="MARGIN: 0in 0in 10pt; LINE-HEIGHT: normal"><span style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman','serif'">The controversy started after Indian company Cipla launched its low cost versions of Swiss drug maker Roche's patented drug Tarceva in India last year. Although the matter is awaiting the final verdict of the court, Cipla has been allowed to sell its drugs in public interest as the drug cost one-third of Roche's medicine. But Cipla will have to pay damages if the ruling goes in Roche's favour.</span></p>