Gauri Kamath on Drug "Differential Pricing" in India


Gauri Kamath of Business World has an excellent review of the latest “differential pricing” efforts of MNC’s in India. Readers may know that SpicyIP is an ardent advocate of “differential pricing” strategies. See here for one of our posts which reviews Merck’s scheme relating to the anti-diabetic, Januvia. In fact, Gauri has referred to our SpicyIP post in her article as well. She ends by noting that “If Merck is able to win over doctors, regulators and public opinion, in…


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AIDS Patent Rejection: Differential Patentability Standard for Essential Drugs?


In our last post on HIV patent cases in India, we promised to bring you a more comprehensive analysis of the Nevirapine patent rejection. So here it is: The patent application by BI claimed the ARV (anti retroviral), Nevirapine, as a “hemi-hydrate solution”. More specifically, the patent claimed a composition containing an aqueous solution of nevirapine hemihydrate of particle size between 1-150 micron. The key advantage claimed by BI related to the particle size which made it more stable and…


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Trademark

SpicyIP:Trademark through the Taxmans Lens


IP acquisitions are becoming commonplace where companies are going a shopping for IP assets ;assets that could add synergy and diversity to existing product lines. Recent M&A forays by companies such as Biocon and Suven were largely driven by the IP acquisition rationale. Heightened awareness that IP can constitute a discrete asset class capable of creating value and opportunities for arbitrage is fast gaining ground.IP value and IP related cross border transactions has seen a dramatic recognition in recent years….


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Patent

HIV Patents in India: Will it Rain "Rejections"?


On the issue of HIV patents and oppositions at the Indian patent office, it’s literally “raining” news. So far, we have 3 significant developments in the last 2 weeks or so, and I’ve tried to summarise them below: 1. Pre Grant Oppostion to Gilead’s AIDS Drug, “Viread” Bhuma Srivastava of the Mint reports that: “Signalling mounting global resistance to patenting of drugs in India, a Brazilian public health group has filed an opposition in India against US drug maker Gilead…


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Uncategorized

Kerala’s IPR Policy


Readers will recall Aysha’s earlier post on this issue here. Spicy IP would like to thank Dr. Gopakumar G. Nair for passing on the following information to us. The lush green State of Kerala plans to officially released its IPR Policy in the presence of the Minister for law & Parliamentary Affairs, Shri. M. Vijayakumar, Chief Minister Shri. V.S. Achuthanandan and other distinguished guests tomorrow. For those of you interested, the function will be held at the Mascot Hotel, Thiruvananthapuram,…


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"Inventing Around" Patents: Astra vs Mylan and Implications for the "Access" Debate


In an earlier post, our guest blogger, Chris Ohly succinctly analysed a recent patent case involving Mylan (parent to home grown Matrix Labs) and Astra Zeneca, and fought over an anti heart burn drug “Prilosec”. The court held in favour of “non infringment” by Mylan, owing to the fact that Mylan had cleverly “worked around” or “invented around” the Astra patent. The decision hinged significantly on what term “Alkaline Reacting Compound (ARC)” meant. The court held that it did not…


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Patent

Guest Post: Chris Ohly on the Omeprazole Patent Litigation


We bring you another guest post from Chris Ohly, a reputed patent litigator and partner at a leading IP firm, Schiff Hardin. Chris’ profile can be found here. I have known Chris for a while now. Apart from all that is written on his firm website, Chris is one of the few US patent experts who is at equally at ease with the complex patent terrain in India (read “section 3(d)”!). I can’t think of anyone more suited for undertaking…


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Uncategorized

UNFCCC requiring a new Patent Regime?


With more and more reports showing the increasingly close dangers of climate change due to global warming, delay is no longer a viable option in deciding policy matters of the United Nations Framework for Climate Change Convention (UNFCCC). The need for a global framework on fair and effective methods of controlling climate change is undeniable and that is what the UNFCCC, together with its Kyoto Protocol, seeks to establish. However, as past experience has shown on almost all global forums,…


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Uncategorized

The Access to Medicine Index released – Ranking Pharmaceutical Companies


Starting from the Pretoria patent litigation in South Africa to the Novartis patent litigation in Chennai last year the big pharmaceutical companies in the world have endured a particularly brutal image bashing exercise due to a series of strategic mistakes which have (rightly and wrongly) portrayed them as putting profits over patients. Obviously the negative publicity was beginning to worry institutional investors and when these concerns were coupled with philanthropic charities such as the Access to Medicine Foundation, the world…


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Ranbaxy and Pfizer Bury the Hatchet…. For Now.


In a bid to sweeten the kitty for Daiichi Sankyo, Ranbaxy has reached an out of Court settlement with Pfizer in the baap of all patent litigations involving latter’s patents on the blockbuster drug, Lipitor bringing to a close a bitter row in 12 countries except Finland, Spain, Portugal, Denmark and Romania. According to the Business Standard: “Under the deal, Ranbaxy will drop all legal challenge to Pfizer’s patent on Lipitor in these markets, which expire between 2011 and 2018….


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