[Ip-health] Re: Export of under patent medicine by Bangladesh Pharmaceutical Industries

[Bala]

This is a multi-part message in MIME format.
--
[ Picked text/plain from multipart/alternative ]
Dear Dr Md Sayedur Rahman Khasru,

Reference to your questions posted in IP-health on 31st May and Ms Anne St =
Martin's response, I wish to point out the following:

Bangladesh is governed by the Patent Act 1911 which provides product patent=
s.  In view of this Act Bangladesh would be under obligation to grant produ=
ct patents.  The Bangladesh national pharmaceutical companies will not be a=
ble to manufacture the patented product without taking a compulsory license=
 from the Bangladesh patent authority.  The question of export will be gove=
rned by the procedure laid down by the WTO in the Ministerial meeting in Ho=
ng Kong.

It should be noticed that Bangladesh can repeal the PA1911.  Once the PA is=
 repealed, no enterprise will be able to get a product patent in Bangladesh=
.  This will enable the national pharmaceutical companies to manufacture an=
d export the product up to 2016.    One cannot understand why Bangladesh au=
thorities are not repealing the Patent Act 1911.

Best regards,

Bala
___________________________________
Dr K Balasubramaniam
Advisor and Coordinator
Health Action International Asia - Pacific
5, Level 2, Frankfurt Place
Colombo 4
Tel: (94 11) 2554353
Fax: (94 11) 2554570
E-mail: bala@haiap.org
Website: http://www.haiap.org

Health Action International (HAI) is an independent, global network working=
 to increase access to essential medicines and improve their rational use.

Important E-mail Information:
The information contained in this e-mail is confidential and may be legally=
 privileged. It is intended solely for the addressee and is for the exclusi=
ve use of the intended recipient (s). If you are not the intended recipient=
 (s), please note that any form of disclosure, distribution, copying or use=
 of this information in it or in any attachments is strictly prohibited and=
 may be unlawful. If you are not the intended addressee, please contact the=
 sender and dispose of this e-mail immediately. Any opinions expressed are =
those of the author, not of HAI
--