[Pharm-policy] BMS says it will sue in Thailand over generic production of d4T

[James Love]

This is a note from MSF on BMS's threat of litigation over Thai
production of d4T, a drug first synthesized by NIH, and later patented
in the US in some countries (but not Thailand) by Yale for "use" on
HIV/AIDS.

   Jamie

---------------------
Subject: BMS threatening with law suit
   Date: Mon, 7 Feb 2000 10:57:25 +0700
  From: "MSF-Drugs Bangkok" <msfdrugs@asianet.co.th>
    To:  "James Love" <love@cptech.org>

BMS is threatening with a law suit if d4T will be produced by the Thai
GPO!


BMS claims that it has a right to five years of exclusivity although it
voluntary withdrew the drug earlier from the SMP (Safety Monitoring
Program), the mechanism that was set up to give this exclusivity.

d4T was patented by Yale University in the US in 1990; there is no
patent for d4T in Thailand.

It was discussed earlier on this list that the exclusivity protection
that is granted in Thailand does not fall under the TRIPS transition
rules because Thailand already provided for product patents since 1992.

Tido