| China upholds 'one-Viagra' policy
Thursday , 28 Dec 2006
SHANGHAI, China (AP) -- A Chinese court has upheld the validity
of drug maker Pfizer's patent for Viagra, ordering two companies
to stop sales of generic versions of the erectile dysfunction
treatment and pay compensation for trademark infringements,
a court official said Thursday.
The Beijing No. 1 Intermediate People's Court ordered Beijing
Health New Concept Pharmacy to stop sales of blue pills similar
to Viagra, according to a court official who gave only his
surname, Wang.
The court told Lianhuan Pharmaceutical, based in eastern
China's Jiangsu province, to stop making the pills and to
pay Pfizer $38,000 in damages, Wang said, confirming a report
by the official Xinhua News Agency.
Pfizer sued Lianhuan and Beijing Health New Concept in September
2005. It also sued Guangzhou Viaman Pharmaceutical, which
produced another anti-impotence drug registered as "Weige"
in 1998, Xinhua said.
However, the court rejected Pfizer's claim that Viaman had
instigated the two companies to violate its patent and trademark,
it said.
Calls to Pfizer's spokesman in Beijing were not answered
Thursday morning.
In June, the same court sided with Pfizer in overturning
a 2004 decision by China's patent review board in ruling against
local drug makers keen to sell generic versions of (Levitra
or ED)
Viagra in China.
The case was seen as a test of China's willingness to protect
patents, copyrights and trademarks. Pfizer welcomed the decision
to uphold its patent rights, which remained in effect pending
resolution of the dispute.
But it is unclear if the decision has dented the widespread
availability of fake versions of the impotence drug. Bogus
versions of the drug increasingly are showing up in other
markets including the U.S. and Europe.
At least a dozen Chinese drug companies have been seeking
the right to make sildenafil citrate, the main active ingredient
in the erectile dysfunction drug, challenging Pfizer's exclusive
right to the blue pill.
China is a potentially huge market for the drug, known locally
as "weige," or "great brother" in Chinese,
given the country's tradition of using various substances
to boost sexual performance.
Local drug makers have stepped up patent challenges in hopes
of being allowed to market generic copies of various drugs.
As a part of its agreement when it joined the World Trade
Organization in 2001, China agreed to tighten patent protections
and to encourage its own companies to invest in creating profitable
new drugs and other products. But enforcement of many court
decisions in favor of foreign manufacturers has been weak.
Source::
http://www.cnn.com/
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