Managing Intellectual Property

Why India's patent battles matter

01 May 2008

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

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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