[e-drug] Glaxo objects to CIPLA donations of AIDS drugs to Ghana

E-DRUG: Glaxo objects to CIPLA donations of AIDS drugs to Ghana
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[copied from PHARM-POLICY with thanks.
Does Ghana have patent protection for antoretrovirals?
There was an earlier message in E-drug that CIPLA was importing
cheaper generic ARVs to Ghana. We then had the impression that
Ghana did not have patent protection (yet).
Can one of the Ghana E-druggers enlighten us what is happening?
WB]

In a letter dated August 10, 2000, GLAXO has written to CIPLA, the
Indian manufacturer of several AIDS drugs, and objected to CIPLA
donations of AIDS drugs to Ghana

We have put the text of the letter on the Internet here:

http://www.cptech.org/ip/health/africa/glaxocipla08102000.html

GlaxoWellcome

10th August, 2000

Cipla Ltd
Mumbai Central
Mumbai 400 008
India

FAO: Mr Amar Lulla, Director,

Dear Sirs,

Re: Lamivudine/Zidovudine combinations

It has come to our attention that you have imported your product Duovir,
which contains lamivudine and zidovudine, into Ghana.

Glaxo Group Limited has exclusive rights under the following patents
that cover lamivudine and zidovudine formulations in Ghana: AP11, AP136,
AP182, AP300.

Importation of Duovir into Ghana by Cipla or any of its affiliates
represents an infringement of our Company's exclusive patent rights. We
understand that, to date, imports of Duovir into Ghana have been of
limited scope and have been characterised as a "donation". We therefore
do not intend to seek immediate redress. However, we reserve the right
to enforce our patent rights against any further acts of infringement.

Yours faithfully,

G G Brereton
Head of Patents
Global Intellectual Property Department

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