Twelve Chinese pharmaceutical firms have launched an appeal
against a court ruling protecting US drug giant Pfizer's patent
rights to Viagra.
In a last-ditch effort to protect their investment in
Viagra-type drugs, the firms yesterday lodged their appeal with the
Beijing Higher People's Court.
They're calling for a reversal of the June 2 court ruling that
upheld Pfizer's patent rights for its drug Viagra used in the
treatment of impotency.
But the State Intellectual Property Office (SIPO), which was
ordered on June 2 to withdraw its decision to invalidate the patent
right of Viagra's active ingredient Sildenafil, didn't appeal by
yesterday and missed the deadline.
On June 2 the Beijing No.1 Intermediate People's Court ruled in
favor of Pzifer after reviewing the case for more than a year and a
half.
Yesterday, while expressing his disappointment at not having
SIPO's support in the appeal, Wang Wei, a lawyer representing the
12 companies, said: "We must try our best to protect our interests
no matter whether or not SIPO will appeal."
The 12 companies from Jilin, Shanghai, Anhui, Jiangsu, Guangdong, Chongqing, Sichuan and Tianjin claim to have invested over 100
million yuan (US$12 million) in less expensive forms of the famous
blue pill.
Pfizer filed a patent application in May 1994 for the use of
Sildenafil in China.
SIPO granted the patent after seven years of examination but the
12 Chinese companies challenged the validity of that decision.
As a result SIPO's review board invalidated the patent in July
2004 on the grounds of "insufficient disclosure" of the treatment
but the decision never took effect as Pfizer launched an immediate
legal challenge.
Pfizer's legal action against SIPO reached court in October
2004. The case generated widespread interest although it was not
the only case in which the SIPO patent review board, a government
body, was in court for its decisions relating to intellectual
property rights.
Industry insiders have pointed out that the huge potential
profits of impotency drugs and clashes between domestic and
overseas pharmaceutical companies were the real reasons for the
dispute.
Chinese anti-impotency drugs, marketed under various names, are
supposed to sell at less than 50 yuan (US$6.25) per pill, much
cheaper than Viagra that costs around 100 yuan (US$12.5) per doze
in China.
It is estimated that about 80 million Chinese men suffer from
impotency problems. If Pfizer wins the patent dispute the Chinese
drug makers will lose their investment completely. Sources with
Pfizer would not comment on the appeal yesterday.
(China Daily June 20, 2006)