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12.02.2018

Bayer starts legal proceedings in Russia due to violation of IP rights






Germany’s Bayer (BAYN: DE) has started legal proceedings in Russia, filling a lawsuit against a local drugmaker Nativa, which registered a generic of Bayer’s anticancer drug prior to the expiration of the patent for the original drug, according to representatives of the German company.  

The subject of the lawsuit is Bayer’s Nexavar, as well as its active substance sorafenib, reports The Pharma Letter’s local correspondent. The terms of their patents due to expire in 2022 and 2026 respectively.

In its lawsuit Bayer asks the Arbitration Court of the Moscow region to impose a ban on the production and sales of the generic, produced by Nativa.  

The generic is known under the name of "Sorafenib." It is an antitumor agent, which was included in the list of vital and essential medicines drugs in Russia. According to the Russian State Register of medicines, prices for Nexavar reach almost 130,000 roubles ($2,305) per pack, while the price of its generic is three to four times less than the original drug.

According to the general director of JSC Bayer, Nils Hessmann, the development of a new drug takes at least ten years and costs about 1 billion euros ($1.23 billion). Thus, the company believes that the actions of Nativa not only violate Bayer's rights, but also reduce general investment attractiveness of Russia.

At the end of 2017, the Russian Association of International Pharmaceutical Manufacturers (which unites more than 50 drugmaker both Russian and foreign) had appealed to the Russian Federal Antimonopoly Service to take measures to prevent massive introduction of generics in Russia during the validity of patents for original drugs.

In their petition, producers say that, despite the fact that courts often take the side of patent holders, it is impossible to cancel the already secured state contracts.

ia due to violation of IP rights
www.thepharmaletter.com

Germany’s Bayer (BAYN: DE) has started legal proceedings in Russia, filling a lawsuit against a local drugmaker Nativa, which registered a generic of Bayer’s anticancer drug prior to the expiration of the patent for the original drug, according to representatives of the German company.  

The subject of the lawsuit is Bayer’s Nexavar, as well as its active substance sorafenib, reports The Pharma Letter’s local correspondent. The terms of their patents due to expire in 2022 and 2026 respectively.

In its lawsuit Bayer asks the Arbitration Court of the Moscow region to impose a ban on the production and sales of the generic, produced by Nativa.  

The generic is known under the name of "Sorafenib." It is an antitumor agent, which was included in the list of vital and essential medicines drugs in Russia. According to the Russian State Register of medicines, prices for Nexavar reach almost 130,000 roubles ($2,305) per pack, while the price of its generic is three to four times less than the original drug.

According to the general director of JSC Bayer, Nils Hessmann, the development of a new drug takes at least ten years and costs about 1 billion euros ($1.23 billion). Thus, the company believes that the actions of Nativa not only violate Bayer's rights, but also reduce general investment attractiveness of Russia.

At the end of 2017, the Russian Association of International Pharmaceutical Manufacturers (which unites more than 50 drugmaker both Russian and foreign) had appealed to the Russian Federal Antimonopoly Service to take measures to prevent massive introduction of generics in Russia during the validity of patents for original drugs.

In their petition, producers say that, despite the fact that courts often take the side of patent holders, it is impossible to cancel the already secured state contracts.


Source:  www.thepharmaletter.com

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