Tuesday 8 July, 2008

Indian IP sword and shield

India has got maximum outsorcing work on patents, with cities like Gurgaon, Noida, Banglore, Mumbai, Hyderabad and Chennai emerging as major IP hub. India in the recent times has proved its technical brilliance in all fields like Pharma and software industry. In pharma industry, Indian companies like Ranbaxy, Sun pharma, Cadilla, Cipla, Lupin, Dr. Reddy and Panacea has successfully exhibited their IP Capabilities against innovator companies either through patent challenge or by opposition to grant of patents.
Although, India lags in terms of patent filings (Link to IP pharma doc news on patent applications filed in 2007) but most of the IP work of innovator companies are outsourced in India. Further, India is a hub of patent design around strategies. There many examples in Pharma world, where Indian companies have successfully challenged Pharma giants. Indian generic firms have successfully design around patents on formulation, Particle size, bulk density, method of use etc. and thwarted innovator's attempt on patent evergreening after the expiry of product patent. Generic players like Lupin and Sun, who have successfully invalidated product patent on Ramipril and Pentoprazole proved IP capabilities of India.
Also, Indian company like Ranbaxy successfully challegend the innovator firms like Glaxo (Ceftin) and Pfizer (Lipitor) to win First to File 180 days exclusivity on blockbuster drugs, which is a huge financial benefit to generic company. Although, Ranbaxy has settled on Atorvastatin but still it will gain billions when its exclusivity will start in November, 2011. Its rare that innovator company like Pfizer settle with generic firm, but Ranbaxy has shown its IP worth to Pfizer by aggressively litigating on Lipitor. Also, Indian companies have First to File 180 days exclusivity on around 40-50 products in USA. So in nutshell, pharma world has recognised impotance of Indian brains in preserving intellectual property. For any company IPR group acts as Sword (for attacking patents) and shield (in protecting technology), and Indian IP sword is really sharp and shield is very firm.
A recent article published in Times of India here, also highlights importance of India as a hub for patent outsourcing work.

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Disclaimer: "IP Pharma Doc" blog is published for information purpose only. "IP Pharma Doc" blog contains no legal advice. I assume no legal responsibility for the views/information expressed here. “IP Pharma Doc” blog is my personal website and not edited by my employer, accordingly, no part of my blog should be attributed to my employer. All information on the present blog should be double checked for its accuracy and applicability. © Dr. Sarwal (2007)
 
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