SmithKline to test Indian IPR regime
Mumbai: A recent product launch by an Indian pharma company is sure to become a test case for India’s emerging pharma intellectual property rights regime. Gujarat-based, Torrent Pharmaceuticals, has recently launched a formulation of rosiglitazone, the drug that goes into the production of a diabetes blockbuster Avandia made by multinational SmithKline Beecham. What is noteworthy, is that SB has filed an exclusive marketing rights (EMR) application with the patent controller’s office for its own patented product. The patent controller has 90 days to consider the application.
It is understood that there are several other Indian companies waiting to introduce the same product in the Indian market.

As per recently enacted Indian law, if an EMR is granted, it would give SB the right to be the sole marketer of the product in India for five years from the date of grant. If the EMR is granted to the multinational company, Indian pharma companies like Torrent are likely to be forced to withdraw their products. This is surely bound to raise a furore among Indian pharmaceutical companies.

On the other hand if the EMR is denied, it would be seen by many multinationals as a shape of things to come and quoted as another example of how the IPR regime has not really changed. If this happens, it is would definitely put the country in unfavourable light in the international investment arena.

The Indian Pharmaceutical Alliance, an association of Indian pharma companies, is preparing itself to fight the case in the patent office. According to the secretary general of the association, the association is confident of ensuring that SmithKline does not get approval for its EMR.

There are four conditions for EMR grant: The patent should have been granted after January 1995, there should be marketing approvals in a WTO convention country, a patent application should have been made in India and marketing approvals should have been granted in India.
Back to News Review index page  

Zee’s Subhash Chandra invests additional $42.5 million in ICO-Teledesic
Seattle: Ailing satellite telephone company, lICO Global, which was taken over by a partnership between wireless telephone pioneer Craig McCaw and India’s Subash Chandra, has managed to secure nearly $1 billion from investors.

The company had earlier filed a bankruptcy protection application with the US courts. The new funding comes eminent persons like Bill Gates and will also see Subhash Chandra invest an additional $42.5 million in the firm. Mr. Chandra has already invested $22.5 million in the venture.

The commitment of the new sums is being seen as a vote of confidence in McCaw’s satellite network plan after the spectacular failure of the Iridium satellite telephone venture earlier this year cast a shadow over such costly schemes.

ICO-Teledesic plans to use satellites to beam high-speed wireless voice and data services based on Internet Protocol technology to businesses, schools and individuals.
Back to News Review index page