Pfizer's Intellectual Property Rights Battles in China for Viagra
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ICMR HOME | Case Studies Collection
Case Details:
Case Code : BENV010
Case Length : 22 Pages
Period : 2000-2007
Pub Date : 2007
Teaching Note :Not Available
Organization : Pfizer, Inc.
Industry : Pharmaceutical
Countries : China
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Please note:
This case study was compiled from published sources, and is intended to be used as a basis for class discussion. It is not intended to illustrate either effective or ineffective handling of a management situation. Nor is it a primary information source.
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Excerpts Contd...
Pfizer's Viagra Patent Restored
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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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China Cracks Down on Counterfeiters
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 ($3.6
million) under the names, America Number One, Male Exclusive, Great Big
Brother...
Pfizer Loses Viagra Trademark Row
When Pfizer launched Viagra in China it could not use the popular Chinese
equivalent brand name 'Wei Ge' as the name was already registered by
Guangzhou Viaman Pharmaceutical Co Ltd (Viaman). Viaman had registered this
brand name in 1998, when Pfizer launched Viagra in the US. Viaman produced
another ED drug by the name 'Wei Ge' containing the ingredient Phentolamine
mesylate...
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Outlook
Experts felt that the Chinese patent law and its market had matured
considerably in a relatively short span of time. However, they felt that
China still was lagging behind in providing a credible patent
enforcement system. Experts were not too optimistic about the impact of
the ruling on Viagra's global sales. Even with exclusive rights,
Viagra's sales in China was not expected to change Viagra's global sales
significantly as the brand was facing worldwide decline in sales and
tough competition from Levitra and especially Cialis... |
Exhibits
Exhibit I: A Brief Note on Pfizer
Exhibit II: Viagra's Timeline: From Chance Discovery to Commercial Success
Exhibit III: Global Sales of Viagra
Exhibit IV: Viagra in China - A Timeline
Exhibit V: A Brief Note on China's Patent Laws
Exhibit VI: Chinese Pharmaceutical Market: Some Facts
Exhibit VII: The Booming Chinese Pharmaceutical Market (US$ Billion)
Exhibit VIII: The Top Seven Pharmaceutical Companies in China
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