Differential Pricing: Smart ways to make inroads in the Indian market.

/ By / Uncategorized

Shamnad recently posted on the differential pricing for Merck’s anti-diabetic drug Januvia. With this success under its belt, seems like Merck is set to start off a full fledged alternate pricing campaign in India to suit the ‘Indian pocket’, with patent approval already received for two of its drugs that help tackle obesity and dyslipidemia. The drugs are yet to receive DGCI approval, and are still in advanced Phase III trials, and the Economic Times reports that this strategy is […]

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Compulsory Licensing: Affordable Health for Thailand thanks to Matrix Labs

/ By / Patent

Pharmalot (Ed Silverman) reports that Compulsory Licensing seems to be working for Thailand. According to The Bangkok Post report cited by Pharmalot, “Second-line generic AIDS drugs have already reached most HIV-positive patients as a direct result of the compulsory licensing (CL) policy, the National Health Security Office (NHSO) says.” The report also states that delivery of generic versions of Efavirenz started in October last year and more recently (February), a large batch of Kaletra was delivered to state hospitals throughout

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Why is the DCGI trying to implement a ‘patent-registeration’ linkage system in India?

/ By / Drug Regulation, Patent

The Drug Controller General of India – Dr. Surinder Singh – has made a public statement that he intends to link up regulatory approval for drugs to the patenting system i.e. he has gone on to record to state that the DCGI will not grant regulatory approval for generic drugs if in case the innovator drug still has a valid patent covering it. Such a move would severely delay the entry of generics into the market. (The Mint, the Business

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The Parallel Import Debate in India: Some Concluding Thoughts

/ By / Patent

Section 107A(b) of the Indian Patents Act dealing with parallel imports has turned out to be one of the most contentious provisions on this blog. We had several posts covering this issue and one of them elicited more than 35 comments. I thank readers for engaging in this fascinating discussion which helped deepen my own understanding of this section. Surprisingly, many of our commentators never revealed their identity, making it impossible for one to see where they were coming from

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Spicy IP Tidbit: Legal and Policy Framework for Equitable Access to Documentary Heritage

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A press release from UNESCO states The National Mission for Manuscripts of India, in association with UNESCO, completed a research study to assist in the development of legal and policy framework and protocols for promoting equitable access to documentary heritage, relevant to India and other South Asian countries. Entitled Legal and Policy Framework for Promoting Equitable Access to Documentary Heritage, the study seeks to accurately identify and critically examine the legal and policy framework for promoting equitable access to documentary

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SpicyIP Tidbits: IP in Free Trade Agreement

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The Financial Express reports that Commerce Minister Kamal Nath is all set to make IP a part of the free trade agreement to be finalised by early 2009 between India and the European Free Trade Association (EFTA)- established in 1960 and comprising of countries such as Iceland, Liechtenstein, Norway and Switzerland. While earlier the EFTA and India had a joint study group, they now plan to move towards a broad-based trade and investment agreement after positive recommendations and feedback. This

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Merck vs Roche: Towards Differential Pricing in India

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SpicyIP has often lamented the lack of a robust differential pricing model by big pharma. As our earlier post demonstrated, Roche charges the same (or even more) in India than it does in the US and other “developed” countries! Granted there is the oft touted threat of “parallel imports”. However, I’m not sure as to the likely quantum of losses from such parallel imports into the more developed markets and whether such losses would be severe as to make serious

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SpicyIP Tidbits: Allegations on Wrongful Promotion of Erlocip refuted.

/ By / Drug Regulation

Just recently, SpicyIP reported the allegedly wrong promotion of Erlocip as a drug that treats 4 forms of cancer, while this was supposedly possible. This matter was to be looked into by the DGCI. Now LiveMint that first covered this story, also has a scoop on the denial of this charge by Erlocip’s manufacturer Cipla. Responding to a letter seeking clarification from the DGCI, the Company through its CEO, has denied all allegations on merit and has stated that as

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IP controversy with the Sensex?!

/ By / Trademark

In November 2007 SpicyIP had covered the attempts of the Bombay Stock Exchange to acquire trademark protection for the term “Sensex” the abbreviation for Bombay Sensitive Index. The BSE had applied for registration of trademarks under Class 36, 35, 41 of the Trade Marks Act 1999. As of November 7, 2007 Sugata Ghosh & N Shatrujeet of the Economic Times had come to the following conclusions explaining the sudden move towards IP protection: 1. Following standard practices as most corporates

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SpicyIP Tidbits: Jyothi Datta on the Bayh Dole Bill and CII Event

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Jyothi Datta, a very well respected IP and pharma journalist with the Hindu Business Line does her second report on the controversial Bayh Dole bill. We had blogged on her first piece here. For all our previous posts relating to the Bayh Dole controversy, see here. Her second report stresses that “The draft Bill needs a public debate to create the right environment for innovation protection and to ensure access to critical products developed through Government-funded research”. Interestingly, she mentions

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