Pfizer's Intellectual Property Rights Battles in China for Viagra

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In late 2004, Pfizer sued SIPO's PRB for wrongfully invalidating its patent for Viagra. It appealed to the court to withdraw the PRB's decision. The case was argued in March 2005. Pfizer's attorney, Tai Hong (Hong), argued before the court that Pfizer had provided the information that was needed for granting of the patent. She said, "The decision made by the PRB had errors in facts and [was an] erroneous application of the law."Hong also argued that SIPO's decision violated the TRIPS agreements. She also hinted that the right decision was not reached because the attorney applying for invalidation of the patent, Xu Guowen, was a retired official with the PRB........

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In November 2006, the Chinese government cracked down on Viagra counterfeiters. A Chinese man, Xi Yongli (Yongli), was jailed for eight years for producing 60 tonnes of fake pills for ED. It was alleged that Yongli and his accomplices had sold pills worth 21.8 million yuan ($3.6 million) under the names, America Number One, Male Exclusive, Great Big Brother.......

When Pfizer launched Viagra in China it could not use the popular Chinese equivalent brand name 'Wei Ge' as the name was already registered by Guangzhou Viaman Pharmaceutical Co Ltd (Viaman). Viaman had registered this brand name in 1998, when Pfizer launched Viagra in the US. Viaman produced another ED drug by the name 'Wei Ge' containing the ingredient Phentolamine mesylate........

Experts felt that the Chinese patent law and its market had matured considerably in a relatively short span of time. However, they felt that China still was lagging behind in providing a credible patent enforcement system. Experts were not too optimistic about the impact of the ruling on Viagra's global sales. Even with exclusive rights, Viagra's sales in China was not expected to change Viagra's global sales significantly as the brand was facing worldwide decline in sales and tough competition from Levitra and especially Cialis.........

Exhibit I: A Brief Note on Pfizer
Exhibit II: Viagra's Timeline: From Chance Discovery to Commercial Success
Exhibit III: Global Sales of Viagra
Exhibit IV: Viagra in China - A Timeline
Exhibit V: A Brief Note on China's Patent Laws
Exhibit VI: Chinese Pharmaceutical Market: Some Facts
Exhibit VII: The Booming Chinese Pharmaceutical Market (US$ Billion)
Exhibit VIII: The Top Seven Pharmaceutical Companies in China