No TB drug lawsuits, J&J promises

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

No TB drug lawsuits, J&J promises

Markham, Ontario, Canada - May 21, 2018: Johnson & Johnson Medical Products company in Markham, Ontario, a division of  Johnson & Johnson Inc.

Johnson & Johnson won’t enforce patents for bedaquiline after months of public scrutiny and new licences for generics

Activists have hailed a “sea change” in the treatment of tuberculosis after Johnson & Johnson agreed not to enforce patents covering bedaquiline on Friday, September 29.

J&J said the decision was intended to reassure generics makers that they could market cheaper versions of bedaquiline, a TB drug, in 134 low- and middle-income countries.

In July, the company granted licences for the drug to the UN-backed Stop TB Partnership’s Global Drug Facility.

J&J has faced significant pressure from activists and civil society groups this year over its patent portfolio on bedaquiline.

Bestselling author John Green was among those to lend his voice to a campaign calling on J&J to halt its efforts to secure additional patents on bedaquiline, with the core intellectual property rights set to expire this year.

In March, India’s IP office refused J&J’s application for a secondary patent on bedaquiline after a challenge brought by two TB survivors.

Last month, meanwhile, South Africa’s Competition Commission launched an investigation after it emerged the country wouldn’t benefit from lower prices for the drug worldwide.

Prices for bedaquiline fell sharply after July’s deal with the Global Drug Facility.

J&J now charges most lower-income countries a headline price of $130 for a six-month course of the drug, but South Africa will continue to pay the old figure of $289.

A J&J spokesperson said the company would cooperate fully with the investigation.

Christophe Perrin, TB advocacy pharmacist at Médecins Sans Frontières’s Access Campaign, said the decision announced on Friday, September 29, was “testament to the persistent efforts of TB activists, civil society, and also countries prioritising public health over corporations' interests”.

Perrin called on Japanese drugmaker Otsuka, which owns patents for the drug delamanid, to match J&J’s pledge not to enforce its IP.

Delamanid is often used in combination with bedaquiline to treat multidrug-resistant TB.

“We need all newer TB innovations to be as affordable as absolutely possible, so governments can scale up prevention, testing and treatment to beat back this curable disease that continues to kill 1.6 million people every year.

“People with TB literally cannot afford to wait any longer,” Perrin said.

more from across site and SHARED ros bottom lb

More from across our site

Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
Gift this article