Pfizer's Intellectual Property Rights Battles in China for Viagra
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"In years past, no one [in China] would even waste time on such legal battles. Factories would rather start production of counterfeited or imitated medicines immediately. But now they will get harsh penalties for doing so."1
- Gao Jun, a patent lawyer with the Duan and Duan Law Firm (Shanghai), in 2002.
"[...] the Viagra decision [invalidation of Pfizer's patent] was exactly what the holders of IP rights should expect in a country making the transition to full compliance with the WTO agreements."2
- Professor Peter Yu of Michigan State University College of Law, in 2004.
"This decision [uphelding Pfizer's Viagra patent] affirms China's commitment toward an effective patent protection environment and boosts the confidence of the business community in China as an investment location. Pfizer believes that this decision will give businesses that critically depend on intellectual property protection renewed confidence in the value of a Chinese patent."3
- Pfizer Inc., in 2006.
Pfizer Wins Viagra IPR Litigation - China In Transition?
Analysts saw these incidents as some of the successes achieved by Pfizer in its efforts to thwart the challenge posed by manufacturers of generic and fake drugs in a country that was known to offer weak intellectual property rights (IPR) protection.
1] Audra Ang, "Local Firms Seeking to Overturn
Patent for Viagra in China,"www.boston.com, December 6, 2002.
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