E-DRUG: Voluntary license requests in SAfrica
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[Two companies are preparing to supply generic ARVs
to South Africa: CIPLA and Aspen Pharmacare.
CIPLA started a process for compulsory licenses some
time ago, and is preparing for the procedure in front of the
Patent Commissioner.
Aspen Pharmacare, which has an agreement with Indian
raw material producer Hetero, is doing it the 'softer' way:
they have asked the patentholders of ARVs in South Africa
whether they are willing to enter into a voluntary license.
BMS (d4T, ddI) is on record that it is willing to enter into
such an agreement.
It will be interesting to see whether the other 5 (Boehringer
Ingelheim, Roche, MSD, GSK, MSD) will choose to lower
their prices and sell the products at 90% discount, or whether
they will voluntaruly license their ARVs to a generic company.
As they risk loosing control if the compulsory license is
issued, many observers expect them to settle this case too.
Watch this space! Copied as fair use. NN]
http://www.bday.co.za/bday/content/direct/1,3523,848653-6078-
0,00.html
Business day, 15 May.
Generics firm seeks licence from drug maker
by Pat Sidley
ASPEN Pharmacare, SA's largest listed generics manufacturer, is
to ask Bristol-Myers Squibb (BMS) for a voluntary licence to
produce BMS's patented antiretroviral medication.
The company will also be asking other multinational
pharmaceutical manufacturers with patents on anti-retroviral
medication for voluntary licences so Aspen may produce cheap
generic copies of the drugs for sale here.
Aspen's moves are likely to draw multinational pharmaceutical
manufacturers into playing their hands on applications for licences
to supply cheap copies of their patented drugs.
In terms of the Patents Act, a voluntary licence may be sought by
a generics manufacturer from an existing patent holder and would
be accompanied by an agreement to pay royalties to the patent-
holding company. Much of the focus of public pressure for cheap
generic drugs has fallen on compulsory licensing a judicial process
which would follow an unsuccessful application for a voluntary
licence. Cipla, an Indian-based firm, has said it will apply for a
compulsory licence for these drugs.
Vikash Salig, Aspen's newbusiness development director, has
welcomed BMS's offer to drop the price of its two antiretroviral drugs
to the private and public sectors and to allow its patents to be used
by its competitors.
Aspen, he says, has an agreement with Indian generics
manufacturer Hetero to supply the raw material for 14 anti-retroviral
drugs so that the drugs eventually can be produced in SA.
Aspen will also supply antiretroviral drugs to other countries in
Africa.
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