Subject category:
Economics, Politics and Business Environment
Published by:
IBS Center for Management Research
Length: 23 pages
Data source: Published sources
Topics:
Pfizer; China patent regime; New drug development; Viagra (sildenafil citrate); Erectile dysfunction; Research and development (R&D); State Intellectual Property Office; Cialis and Levitra; Business regulatory environment; Counterfeit and fake drugs; Generic competition; Wei Ge and Wan Ai Ke; Pharmaceutical industry; Trade-related intellectual property rights (TRIPS); World Trade Organisation
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Abstract
This case discusses the numerous intellectual property rights (IPR) litigations for Pfizer Inc in China with regard to Viagra, its blockbuster drug for erectile dysfunction. Pfizer launched Viagra (under the brand name 'Wan Ai Ke') in the Chinese market as early as 2000. But Pfizer could not make any major headway, despite the fact that China had a huge market for aphrodisiacs and traditional medicines. Analysts noted that Viagra had failed to realise its potential in China largely due to two reasons: the competition from cheaper generic drugs and fakes, and patent litigations from a group of Chinese generic drug manufacturers. In 2004, Pfizer's patent for Viagra in China was revoked by a Patent Re-examination Board (PRB) set up by the State Intellectual Property Office (SIPO). This resulted in an international outcry as free trade supporters saw this as an attack on the IPRs of foreign companies and an indicator of China's reluctance to provide adequate protection to IPR. Pfizer appealed to the Beijing number one Intermediate People's Court against the PRB ruling. In June 2006, Pfizer's patent was again restored, but the matter was still sub judice. The case discusses the IPR environment in China and the growing sophistication of Chinese drug manufacturers. The local pharmaceutical companies in China were using IPR litigations to compete against international research-based pharmaceutical companies like Pfizer as part of their competitive strategy. Though the foreign research-based pharmaceutical companies were not happy with the lax IPR regime, the booming Chinese pharmaceutical market provided enough incentive for these companies to stay put and fight it out with the local firms for a share in this emerging market. Some experts viewed such litigations as a sign of increasing appreciation of IPRs in China, and a precursor for China's transition toward full compliance with the World Trade Organisation agreement.
Teaching and learning
This item is suitable for postgraduate courses.
Subject category:
Economics, Politics and Business Environment
Published by:
IBS Center for Management Research
Length: 7 pages
Data source: Published sources
About
Abstract
This case discusses the numerous intellectual property rights (IPR) litigations for Pfizer Inc in China with regard to Viagra, its blockbuster drug for erectile dysfunction. Pfizer launched Viagra (under the brand name 'Wan Ai Ke') in the Chinese market as early as 2000. But Pfizer could not make any major headway, despite the fact that China had a huge market for aphrodisiacs and traditional medicines. Analysts noted that Viagra had failed to realise its potential in China largely due to two reasons: the competition from cheaper generic drugs and fakes, and patent litigations from a group of Chinese generic drug manufacturers. In 2004, Pfizer's patent for Viagra in China was revoked by a Patent Re-examination Board (PRB) set up by the State Intellectual Property Office (SIPO). This resulted in an international outcry as free trade supporters saw this as an attack on the IPRs of foreign companies and an indicator of China's reluctance to provide adequate protection to IPR. Pfizer appealed to the Beijing number one Intermediate People's Court against the PRB ruling. In June 2006, Pfizer's patent was again restored, but the matter was still sub judice. The case discusses the IPR environment in China and the growing sophistication of Chinese drug manufacturers. The local pharmaceutical companies in China were using IPR litigations to compete against international research-based pharmaceutical companies like Pfizer as part of their competitive strategy. Though the foreign research-based pharmaceutical companies were not happy with the lax IPR regime, the booming Chinese pharmaceutical market provided enough incentive for these companies to stay put and fight it out with the local firms for a share in this emerging market. Some experts viewed such litigations as a sign of increasing appreciation of IPRs in China, and a precursor for China's transition toward full compliance with the World Trade Organisation agreement.
Teaching and learning
This item is suitable for postgraduate courses.Settings
Related
Subject category:
Economics, Politics and Business Environment
Published by:
IBS Center for Management Research
Length: 7 pages
Data source: Published sources