Roche abandons Herceptin patent fight in India
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

Roche abandons Herceptin patent fight in India

Swiss pharmaceutical company Roche has ended its attempt to secure patent protection for breast cancer drug Herceptin in India

The company said in a statement emailed to Managing IP that it has decided not to pursue Indian patent 205534 (the secondary patent covering trastuzumab, marketed as Herceptin) and its related divisional applications.

“This decision takes into account the strength of the particular rights and the IP environment in India in general,” said a spokesman for the company.

Roche’s move comes just months after the IP Appellate Board of the country’s IP office upheld a compulsory licence issued to domestic generics company Natco over a Bayer drug, Nexavar. The Committee on Price Negotiation for Patented Drugs later issued a report recommending India issue more such licences.

Last month, however, the Times of India reported that the Department of Industrial Policy and Promotion had refused to issue a compulsory licence for trastuzumab.

Roche’s spokesman added: “While Roche may not have patent protection for Trastuzumab in India, it is important to note that there are currently no approved biosimilars of Trastuzumab in India. We support the Indian Government’s leadership in establishing a pathway and guidelines for the introduction of biosimilars onto the market that is based on science and is designed to ensure product quality and patient safety.”

more from across site and ros bottom lb

More from across our site

EMEA research now open
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
Gift this article