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Date: 4 weeks ago   Category: Companies

Patent law in the pharmaceutical market: what do drug manufacturers argue on?


The patent system operating in Russia often leads to multimillion claims. However not only producers, but also consumers who because of patent disputes can not receive Photo drugs suffer: depositphotos.com Here only one of fresh cases. Last year the Argentina pharmaceutical company filed a lawsuit against the St. Petersburg producer. Argentineans produce drug against a tumor. They did not invent it, it was made by Swisses. But the patent already ended, all can make. Then Argentineans registered a way of its production. In St. Petersburg developed production of medicine too, and it gave a reason to Argentineans to address to arbitration with the claim almost for 900 million rubles. And such examples weight. The ombudsman on protection of the rights of businessmen in the sphere of intellectual property Anatoly Semyonov tells. Anatoly Semyonov the ombudsman on protection of the rights of businessmen in the sphere of intellectual property "Some persons can receive legal protection, that is the patent for some well-known, being in public property medicine. Here in what a problem. People come, register the patent and further this patent begin to prevent other producers to produce this medicine. Often it is not about protection of the substance, and, for example, about a way of its production or the same medicine in other dosage, with some other, insignificant indicators in treatment distinguishing a patent formula one from another is registered, for example,". The problem is that in Russia it is rather easy to take out the patent for medicine. It is enough to change of something. To come safely to Rospatent and to declare the to "unique development". Not without reason we even had a concept "garbage patent". Producers of original drugs invest hundreds of millions dollars in the inventions. And, naturally, seek to pay back investments in medicines. But here in the market there are generics whose producers took out the patent too. Authors of original medicine, of course, go to courts. But while there is a process, cheap analogs collect profit, taking away it, respectively, from producers of original drugs. The chief representative of the Celgene company in Russia Victor Ferkovich continues. Victor Ferkovich the chief representative of the Celgene company in Russia "Is that "the dzhenerikovy risk" is called. Here, of course, the conversation with all interested ministries, departments, players of the market is required — to develop accurate rules of how to prevent similar situations as patent per se at the moment is first of all the right of an originator to assert the rights in court. But it takes often several years, and meanwhile generic just enters the market, violating patent law of an originator". And now it is a little about figures. Rospatent satisfies 75% of applications. It concerns not only pharma, we have in general big problems with the rights for intellectual property. Just in the market of drugs it is particularly acute. Also it is connected, of course, with marginality. And so in the USA уд

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