China yesterday defended its decision to overturn Pfizer's patent for Viagra in a ruling seen as a setback to protection of intellectual property rights in the country.
The US makers of the top selling erectile disfunction drug were in breach of China's intellectual property rights (IPR) law when they failed to accurately explain "technological" uses of Viagra's key ingredient, an official with the State Intellectual Property Office (SIPO) said.
"If you widen the description of the [ingredient's] technological uses, you could likely be violating the patent right of others," the SIPO official said on condition of anonymity.
PHOTO: AFP
Although the same office granted Pfizer in 2001 a patent for sildenafil citrate, Viagra's key active ingredient, the official maintained SIPO had the right to revoke the patent.
A Pfizer company statement promised to appeal the judgement.
The official said after approval of sildenafil citrate, more than 10 Chinese companies filed official complaints, forcing the SIPO to review its decision.
"When there are [domestic] requests to invalidate the patent, our review committee should go back to look to it," she said.
"We did grant the patent to Pfizer before, but that does not mean that we are really giving it to you," she said.
She further argued that given the potential size of the Chinese market the office could not afford to be imprudent.
"We are very cautious when we grant a patent, because a patent means a market, and that can mean allowing the monopolization of a market," she said.
The ruling has heightened concerns in the US and is likely to do so in the EU, as they have watched the case closely, concerned about intellectual property rights.
The US-China Business Council, a major Washington-based business association and lobby group, censured the decision and said it was "deeply concerned."
"Given how China has to strengthen IPR enforcement under its WTO obligations, its disheartening to see a lower-level agency make a decision clearly responding to pressure from Chinese companies," said the council's director, Patrick Powers.
Powers added the New York-based Pfizer, the world's largest pharmaceutical company, would take legal action in China, where foreign companies find their products are routinely copied and counterfeits are widespread.
China's decision likely does not augur well for the pharmaceutical industry, which has viewed the case as a litmus test for the protection of intellectual property rights.
"If China is going to embark on a strategy of patent nullification in order to avoid paying research and development costs, that does not bode well for a strong commitment to strengthening IPR," Powers said.
Pfizer plans to introduce up to 15 new medicines in China in the next five years to treat conditions such as neurological and cardiovascular problems, reports said.
"Intellectual property protection is essential to these plans," the company said.
Pfizer added that it "was extremely disheartened" by the move in China, where it had invested US$500 million by bringing advanced medicines, building facilities and hiring and training local employees.
A Viagra pill costs about one yuan (US$0.10) to make but Pfizer sells them in China for 98 yuan a tablet.
The entry of local producers is likely to see the price drop to 22 yuan a pill, the price of lookalike domestic products which do not contain Viagra's key ingredient.
‘NO SECURITY RISK’: The Railway Bureau reassured the public that the technicians’ activities were limited to technical guidance and did not involve sensitive systems The Railway Bureau yesterday said it had invited eight Chinese technicians to assist with an airport MRT construction project. The bureau issued the confirmation after an Internet user said Chinese nationals had entered the construction zone of Taiwan Taoyuan International Airport’s Terminal 3 project. They asked why “individuals from an enemy state” were allowed access to such a major national infrastructure project, which raised serious concerns over Taiwan’s industrial safety, sensitive systems and information security. The bureau’s Northern Region Engineering Branch Office said subcontractor Taiwan Handle Industrial Co (台灣手把工業) of the Taoyuan airport MRT’s “Contract No. CU05 Project A14 Station Civil, MEP &
Taiwan is still in the process of assessing the possibility of recruiting workers from Eswatini, the Ministry of Foreign Affairs said yesterday, adding that its goal is to help Eswatini upgrade its vocational training centers. If there are plans to recruit workers from Eswatini, safeguarding national security, protecting public health and ensuring the employment rights of Taiwanese would be prerequisites, Department of West Asian and African Affairs Director-General Yen Chia-liang (顏嘉良) told a news conference. Key considerations would also include filling labor shortages in specific industries, and fostering bilateral professional and technical exchanges, he said. Yen was asked about the progress of labor
A US uncrewed surface vessel (USV) encountered multiple Chinese warships during an autonomous transit of the Taiwan Strait, US defense company Seasats said in a statement on Wednesday. Seasats announced that a Lightfish USV had completed the first autonomous transit of the Taiwan Strait. Over five days, the USV traversed the entire length of the Strait while constantly monitoring surface vessel traffic, the company said. The Lightfish encountered multiple Chinese warships, one of which was a Chinese People’s Liberation Army Navy (PLAN) Type 056 corvette, it said. The Chinese vessels were operating “well within Taiwan’s exclusive economic zone without transmitting their identity via the
The nation’s usually punctual high-speed rail system yesterday was hit by major disruptions after all scheduled services were canceled and replaced with three hourly trains offering only non-reserved seating, affecting more than 200,000 passengers. Preliminary findings indicate the disruption was caused by a faulty power module in a track switch control cabinet, Taiwan High-Speed Rail Corp (THSRC) said, adding that as a full system inspection could only be conducted after operations end for the day, a decision on whether normal service would resume today would be announced before the first train departs. During a routine inspection early yesterday, a switch signal abnormality
RSS