China upholds Viagra patent

pharmafile | June 6, 2006 | News story | Sales and Marketing  

A Chinese court has come down on the side of Pfizer in the pharma company's battle to prevent local companies marketing generic versions of its blockbuster Viagra.

The Beijing No. 1 Intermediate People's Court upheld Pfizer's patent for sildenafil citrate – the main ingredient in Viagra – but it is unclear what effect the decision will have on the burgeoning trade in counterfeit versions of the drug.

That patent had been overturned in 2004 by China's patent review board, when it gave provisional approval for a number of local generic firms to manufacture sildenafil citrate.

A Pfizer spokesman said: "This decision affirms China's commitment towards an effective patent protection environment and boosts the confidence of the business community in China as an investment location.

"Pfizer believes that this decision will give businesses that critically depend on intellectual property protection renewed confidence in the value of a Chinese patent."

The company had appealed to China's State Intellectual Property Office (Sipo) following the original decision by the patent review board, and protection for Viagra had remained in effect during the dispute.

The patent review board's 2004 decision would have given the green light to more than 12 Chinese drug firms to make sildenafil citrate and they are expected to appeal against the latest decision.

Viagra is one of the world's most-recognised pharmaceutical brands and made $1.6 billion (870 million pounds) in sales for Pfizer in 2005.

The erectile dysfunction treatment arrived in China six years ago, and within six months of launch, 90% of the pills being sold in Shanghai were counterfeit, according to state media.

When it joined the World Trade Organisation in 2001, China agreed to increase intellectual property protection and encourage home-grown pharma companies to develop new products.

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