2000 patent applications withdrawn, rejected: PPMA

December 24, 2009
By Irfan Aligi

KARACHI: More than 2,000 patent applications of multinational pharmaceutical companies (MNCs) have been withdrawn by them or rejected by the drug authorities in Pakistan because of the firm legal struggle of Pakistan Pharmaceutical Manufacturers Association (PPMA).

This was stated by the legal consultants of PPMA Karim Ali Adni during a seminar organised by PPMA WTO Committee. He said that these applications of MNCs did not even meet the basis criteria of patentability. Chairman PPMA Zahid Saeed, Regional Chairman Tariq Ikram, and Former Chairman Dr. Kaiser Waheed also present on the occasion.

As much as, 5,000 black box patent applications were filed during 2008 by MNCs in response to government's initiative to register patents. They filed dual applications in violation of law as they were seeking protection of internationally expired patents, he added.

He clarified that a "patent" carries an inventive step and is a significant development and must have industrial application.

He said that PPMA has so far filed 434 patent opposition, which is about 50 percent of pharmaceutical patent applications advertised. Of these, over 50 applications have already been decided in PPMA's favour through withdrawal and abandonment, he added.

Adni pointed out that replies have been received in 195 cases and added that PPMA was opposing those applications on the ground that they were "unlawful".
He said that WTO Committee of PPMA has decided to protect the generic industry in Pakistan and take offensive against MNCs who were trying to defame PPMA at every platform.

He said PPMA has opposed some important molecules including PEG-Interferon, Omeprazole, Gabapentin, combination of Pregablin and Gabapentin, Azithromycin, Aripiprazole, Benzimidazole, Tegaserode, atorvastatin, Resuvastatin and Clopidogrel.

Adni said that Pharma Bureau, which is representing MNCs, has started a campaign to tarnish PPMA's reputation and feeding disinformation to authorities and the public in addition to filling fraudulent and ever green patents.
MNCs are trying to create a misconception that generic production was equal to counterfeit.

He said WTO Committee is fighting MNCs tooth and nail and is successfully challenging these misconceptions.

Adni pointed out that WTO Committee has been successfully fighting to prevent the enactment of Data Protection and Patent Linkage legislation, which are being forced upon the government by MNCs and international pressure.

These measures can cripple PPMA members and restrict them from entering new areas.

WTO Committee has challenged this campaign by giving presentations and lobbied PPMA's position before the Prime Minister of Pakistan, Health Secretary, DG Health, Chairman IPO, DG IPO and members of the Cabinet Division and Planning Commission.