Anthrax Drug and the Patent Problem
| The anti-antrax drug ciprofloxacin , the patented product of Bayer AG, is creating significant IPR controvercies. The patent holder does not have adequate production capacity; countries such as India can produce and supply significant quantities, that too at much more cheaper rates, to the affected countries as permitted by her 1970 patent law, but this provision is for internal use, not for export unless the specific importing country has a matching law. Obviously, USA cannot allow such imports in a routine manner, however much the affected US citizens may find it economical and attractive. Caught between the devil and the deep sea, Canada is reportedly trying to augment her stockpile through supply from her own generic companies such as Apotex. The Indian generics such as Cipla and Ranbaxy are also on the scene with their offers at very competitive costs and Government of India's offer of free supply of the drug worth $1 million through these suppliers is of course yet to receive even a response from the USA . Will WTO take up such issues/eventualities at Doha - liberal interpretation of "compulsory licensing" ? |