July 2004
Viagra drug patent doesn't stand up in China
Although things seem to be changing, in the past China has often been criticised for not providing strong enough protection for the owner's of intellectual property and Pfizer would no doubt comment they have been the most recent victim.
The Chinese patent for Viagra was overturned by the Patent Re-Examination Board in China in early July following a challenge from 13 of Pfizer's competitors there. They claimed the specification of Viagra did not comply with Chinese patent law as it was not sufficiently clear as to allow a person skilled in the relevant field to manufacture it.
While agreeing with that position the PRB have given Pfizer three months to appeal during which time the patent will continue to subsist.
Even despite the existence of the patent there are substantial quantities of counterfeit copies of the drug on the Chinese market already. In an effort to combat this Pfizer have joined forces with officials in Shanghai in order to train people to spot the counterfeit drugs and help tackle the problem of piracy.
BRIFFA Comment:
Until this decision Viagra has been a well protected patent with filings around the world however this case may put other patents in jeopardy depending on the interpretation of patent law in each jurisdiction. It is certainly a worrying time for Pfizer who already suffer at the hands of counterfeiters. Briffa's RAIDAR service gives clients the option to locate counterfeit versions of their products whether they be drugs, foodstuffs, clothes, toiletries or toys and where possible enforce their IP rights against the perpetrators of the counterfeits. Briffa also have close links with Chinese IP lawyers and therefore have a particular strength in this territory.