[e-drug] The Cipla 3 in 1 patent

[James Love <james.love@cptech.org>]

E-drug: The Cipla 3 in 1 patent
---------------------------------------------

Subject: The Cipla 3 in 1 patent
Date: Thu, 15 Jul 2004 17:25:15 -0400
From: James Love <james.love@cptech.org>
To: ip-health@lists.essential.org
CC: lee@thewhitakergroup.us

I have known about the CIPLA 3 in 1 patent application since 2001, and
it hasn't been much of a secret.  It has been discussed on this list
several times.  Most recently on July 5, which is when I posted the list
of countries where the patent has been filed, but also earlier this
spring when discussing the relevance of the Mozambique compulsory
license, and last fall in some places, when discussing the TAC
settlement of the RSA competition commission case (which has been good
for Aspen and Ranbaxy, but which left CIPLA out in the cold).

I am aware of cases where governments have used the TRIPS flexibilities
on the CIPLA patents.  This includes both cases where compulsory
licenses were issued (such as in Mozambique), and in at least one other
case where a paragraph 7 waiver of patent rights was directed at the
CIPLA patent.  CIPLA has also offered to license the patents voluntarily.

One of the problems concerning the voluntary licenses may be that some
firms want to license the GSK and BI patents on 3TC and NVP, but also
want CIPLA excluded from the licenses for 3TC and NVP.  CIPLA could be
asking, or be expected to ask, that it cross-license its patents,
something that is probably opposed by GSK, and maybe opposed by BI.

Jamie

James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040

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