[Pharm-policy] More on: Cipla stops export to Ghana on Glaxo allegations

[James Love]

This was the report from India on the Glaxo/CIPLA dispute. We'll ask
CIPLA and GLAXO for a comment.  Jamie


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http://www.economictimes.com/today/03econ05.htm
3 November 2000

Cipla stops export to Ghana on Glaxo allegations
Gauri Kamath
MUMBAI
PHARMACEUTICAL company Cipla has temporarily discontinued exports of its
brand Duovir to Ghana, following Glaxo Wellcome?s allegations of patent
violation.

Cipla?s whole-time director Amar Lulla confirmed that the UK-based Glaxo
Wellcome had written to Cipla in August this year suggesting that it
stop exports of Duovir, a brand containing anti-viral drugs lamivudine
and zidovudine, to Ghana as both drugs were under patent to Glaxo
Wellcome.

The two anti-viral drugs are given to patients suffering from the
Acquired Immuno Deficiency Syndrome which has reached epidemic
proportions in Africa.

The African continent is currently a hotbed of controversy and debate on
whether manufacturers other than patent holders should be given licences
by the government to mass-produce AIDS drugs at lower costs.

For instance, Cipla is able to manufacture these drugs in India where
there are no product patent laws yet and export them at a fraction of
the price at which the drugs? innovators sell them elsewhere in the
world.

Glaxo Wellcome, in a letter to Cipla dated August 10, 2000 said, "Glaxo
Group Limited has exclusive rights under the following patents that
cover lamivudine and zidovudine formulations in Ghana : AP11, AP136,
AP162, AP3000. Importation of Duovir into Ghana by Cipla or any of its
affiliates represents an infringement of our Company?s exclusive patent
rights."

Lulla said Cipla had replied to Glaxo contesting the claim. The company
says certain patent applications were filed prior to 1993 and the law of
the land does not allow such patents to be enforceable.

However, in the meantime, it has discontinued exports worth
approximately $16,000, and is awaiting the Ghana government?s decision
on the issue. Lulla said Glaxo had not taken any action against Cipla so
far.