[Ip-health] Sanofi may sue Indian generic for Plavix exports to Thailand

[Judit Rius Sanjuan]

Sanofi may sue Pune firm for Thai exports
http://www.business-standard.com/common/storypage.php?autono=3D296809&leftn=
m=3D1&subLeft=3D0&chkFlg=3D
Joe C Mathew / New Delhi September 04, 2007

In yet another instance of a patent fight between an Indian pharma
company and a global giant, Europe=92s biggest drug firm Sanofi Aventis
has threatened to sue Pune-based Emcure if the latter exports the
generic version of its patented heart drug Plavix to Thailand.

In a legal notice issued to Emcure=92s Thailand agent Bioscience on August
25, Sanofi has said that any move to import and supply Clopidogrel
(Plavix) before the patent expires will be an infringement of Sanofi=92s
exclusive patent rights under the Thai law.

The notice, a copy of which is with Business Standard, also indicates
that no compulsory licence for the drug existed in Thailand and the
patent rights will remain until it expires in 2019.

Bioscience was planning to import the medicine from Emcure to supply the
Government Pharmaceutical Organisation (GPO) of Thailand. Emcure
officials refused to comment and Sanofi officials were unavailable for a
response.

This is the third example of patent litigation between Indian companies
or the government and global drug majors.

Earlier, Swiss major Novartis took the government to court against
patent rejection of its cancer drug Glivec. Similarly, Pfizer had
dragged a Philippines firm to court for importing test samples of its
patented drug Norvasc from India.


New challenge to Thai drug licensing
http://www.bangkokpost.com/breaking_news/breakingnews.php?id=3D121339

New Delhi (Agencies) - Emcure Pharmaceuticals, the Indian company which
bagged the first major order from the Thai government to supply
clopidogrel, the copycat version of the blockbuster cardiac drug,
Plavix, is being threatened with legal action by the US drug giant
Sanofi-Aventis, the Plavix patent holder.

Indian media say the move is a major roadblock to the dreams of local
pharma majors to reap a windfall from the life-saving drugs market in
Thailand, following the Thai government=92s issue of compulsory licence.

According to local reports, Sanofi-Aventis has threatened Emcure with
legal action if it supplies copycat versions of Plavix to the Government
Pharmaceutical Organisation (GPO), owned by the Thai government.

On Aug 25, plans were revealed that the Thai government had awarded its
order to Emcure to supply generic clopidogrel to GPO.

In the notice to Bioscience Co Ltd, the agent of Emcure in Thailand,
Sanofi-Aventis said that any unauthorised importation, manufacture and
sale of the generic clopidogrel will infringe Sanofi=92s patent rights of
clopidogrel under Thai law.

=93In the event of infringement of our patent, Sanofi will be entitled to
sue the company in a civil action for compensation,=94 the company said.

When contacted, Emcure officials refused to comment. However, Emcure
said it has received assurances of support from the Thai government.

Vichai Chokevivat, chairman of the GPO board, said that Sanofi's notice
is the latest attempt by the drug giant to obstruct Thailand's
compulsory licensing moves.

Mr Vichai reportedly told the Indian firm that Sanofi=92s threat will not
affect the procurement agreement. He said the ministry Of public health
had officially declared its policy on the compulsory licensing of Plavix.

A first batch of two million heart drug tablets will be shipped in two
months.

Imported clopidogrel is to cost one baht per tablet, much cheaper than
the current market price of 70 baht for the "authentic" variety of Plavix.


--
Judit Rius Sanjuan
Attorney
judit.rius@keionline.org

Knowledge Ecology International (KEI)
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