E-DRUG: AZT patented?
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Could you please tell me if AZT is still under patent law for treatment of
HIV or not?
Thanks
Mohga Smith
OXFAM
Email: msmith@oxfam.org.uk
[simple question but difficult answer.
Patents have nothing to do with indications (HIV) but only with the product
AZT (zidovudine).
Patents are national: assuming your question relates to UK, you have to ask
the UK patents office till when the Glaxo-Wellcome AZT patent runs.
After the original patent is filed in one country, the company has one year
to file it in other countries. So patent expiry dates in other countries
may differ from UK.
Some developed countries grant patent extensions longer than 20 years (eg
USA).
Many developing countries have/had different patent laws; in some of them
you will find local generic companies legally producing AZT (often for much
less than from Glaxo-Wellcome) as the country only recognised process
patents and not product patents.
If countries become member of World Trade Organisation (WTO), they will
have to comply with the TRIPS agreement. Developing countries will have to
become TRIPS compliant in 2000 or 2005 (least developed countries). They
will then have to grant a minimum of 20 years of patents protection for NEW
patents. As AZT is already old, it is likely that currently produced AZT
will stay legally on those markets.
Developing countries can use parallel import and compulsory licencing under
TRIPS. See WHO/EDM publication 98.9, obtainable from dapmail@who.ch
For more specialized patent info, see earlier E-drug questions and answers.
WB]
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