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Summary of the suite to revoke the ddI patent PDF Print E-mail
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Saturday, 13 February 2010

Summary of the suite to revoke the ddI patent

The Thai Network of People Living with HIV/AIDS (TNP+), AIDS ACCESS Foundation and the Thai Foundation for Consumers with representation from the Thai Law Society filed a law suit on May 9, 2001 with Thailand 's Court for Intellectual Property Rights and International Trade. The plaintiff claimed that the patent registration of ddI held by BMS was invalid due to BMS illegally amending its original application in order to claim a wider monopoly than the patent description justified- the original application was only for a 5-100 milligram dose.

On October 1, 2002 , TNP+ won the case in Thailand 's Central Intellectual Property and International Trade Court (CIPITC). The court ruled in favor of the plaintiffs. BMS and the Department of Intellectual Property as a co-defender were ordered to amend patent # 7600 to identify the range of ddI as 5-100 milligram in accordance with its original registration. Later, BMS and DIP appealed the case.

On October 9, 2002 , another group of plaintiffs filed a case with CIPITC, asking the court to revoke the BMS patent on ddI tablets in Thailand . In the mean time, they requested the court to allow other manufacturers to produce ddI during the time the case was being heard. The network and its allies from all over the world sent letters to the GPO and MOPH to call for the GPO to a file a suit against BMS. Finally, the MOPH ordered the GPO to be a plaintiff in the law suit against BMS.

In January 2004, BMS negotiated to end the case in Thailand by revoking its patent # 7600 on the condition that it would withdraw the appeal on the first case and that TNP+ and the Thai Consumer Foundation withdraw the second case. Finally, there would no longer be a patent on ddI in Thailand after BMS submitted a request to DPI to revoke the patent.

 

For more information:

TNP+
http://www.thaiplus.net/ineng.html 

FTA Watch Group
http://www.ftawatch.org/en/ 

Health Gap – Global Access Project
http://www.healthgap.org/ 

MSF – Campaign for access to essential medicines
http://www.accessmed-msf.org/ 

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Last Updated ( Monday, 01 March 2010 )
 
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