25 April 2014Americas

Pfizer criticises Indian pharma patent policy

Pfizer’s associate general counsel, Justin McCarthy, has sent a letter to India’s ambassador to the US, Subrahmanyam Jaishankar, urging the Indian government to “shift from using destructive IP policy as an access strategy,” according to reports.

It is not the first time Pfizer has commented on India’s IP practices. In March 2013, Pfizer’s chief IP counsel Roy Waldron told the US House Committee on Ways and Means’ subcommittee on trade that India’s business environment for innovative industries had “deteriorated significantly”.

He added: “India has systematically failed to interpret and apply its intellectual property laws in a manner consistent with recognised global standards.”

The testimony refers to the Indian Patent Office’s decision to deny cancer therapy Glivec patent protection. The drug was not deemed to show “enhanced efficacy”, which Waldron said limits the ability to obtain a patent, adding that the requirement was against the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

Ranjan Narula, managing partner at Ranjan Narula Associates, said it is not fair to say the Indian patent system is not working, although he added: “There are certain provisions in the Indian Patent Act, within the larger framework of the TRIPS agreement, that allowed India to develop an IP regime which restricted the grant of patents and required stricter criteria for inventions to be patentable and enforceable in India.”

The US pharmaceutical industry has been “disturbed” by the Glivec decision, he said.

“The revocation of certain patents for not being inventive and the grant of a voluntary license for not meeting the reasonable requirements of the public in India is leading to a conclusion that Indian courts are tilted towards protecting local industry.”

A spokesperson for Pfizer told LSIPR: “The issuance of unwarranted compulsory licenses, unfair revocation of valid patents, and denial of patentability of inventions in India are critical areas of concern in our industry.

She added: “We look forward to collaborating and engaging with the Indian government to develop sustainable solutions that will enable us to continue to provide access to innovative medicines.”