Litigation Involving Drug Patents in Recent Years: Case Sharing (III)

Patent protection provides a stable research environment for enterprises and research institutions, encouraging them to further invest resources and efforts in innovative drug development. This protection encourages the implementation of long-term research and development plans, because the exclusive right of patents makes the return on investment more feasible. In addition, patent protection also promotes competition and cooperation among industries, the cross-licensing of patent rights and technical cooperation between enterprises and research institutions have promoted knowledge sharing and technology transfer, and accelerated the speed and efficiency of drug research and development. The development of this virtuous circle is not only beneficial to the economic growth of countries and regions, but also helps Improve global public health and medical standards.

For example, Russian drug manufacturersGeropharmStill in court for insulinglargineThe patent for the drug originally belonged to a French pharmaceutical company.Sanofi,SanofiIt is the fifth largest pharmaceutical company in the world. The patent concentration of this drug is100Unit/ml, however, when the patent in2012After the expiration of the year, some local Russian drugmakers, includingGeropharm, began to develop generic drugs, in.2016year,SanofiIn Russia registered a higher concentration300Unit/ml of insulinglargineand patent protection,GeropharmA request was then made to the court to declare the patent invalid, and one of the claims of the Russian pharmaceutical company was that China's State Intellectual Property Office refused to grant the patent.SanofiIssued insulinglarginepatent decision, because the drug does not meet the criteria of novelty and progressiveness, even if the Russian Patent Office (Rospatent)The decision has been made four times that the patent for the drug is justified and that the patent is valid2031Proceedings in this case are still ongoing.

Another example is the pharmaceutical company NovartisNovember International AGagainst Russia'sNative LLCIn this case, Novartis had to defend itself against MHH-Nilotinib (Trade nameTasigna)The rights and interests of Russia were defended at the time.Native LLCRegistered international non-proprietary names for the same drugNilotinib-native, and continue to prepare for the drug to enter the market. In this intellectual property case, the court sided with Novartis. It is worth noting that this case may have more or less business impact,2023year,Spectrum (FormerlyNative LLC)The company is going through bankruptcy proceedings.

Another example is Russian pharmaceutical companiesAphopharmwith Russian companiesOTCpharmGroup and international pharmaceutical companiesTevaunder itsActavisA lawsuit between the two countries, seeking to contest a Russian R & D patent, which the Russian drugmaker obtained and began producing an original drug consisting of five known active ingredients,TevaA decision was made to register a similar drug and put it on the market, but the patent became an obstacle and it could not be challenged, in which case the legal case ended in a settlement,TevaThe company agreed to a licensing contract with the Russian developer to allow it to introduce similar drugs.

Because innovative drug development can provide more treatment options and improve disease management, and have a positive impact on human health and well-being, the growth of patents in the biotechnology field and the implementation of corresponding policies are essential to promote progress in the field of innovation and drug development, and bring great potential for development and cooperation in the global biotechnology field.