CIPLA vs Roche

Shankar
Impact on the Pharmaceutical Industry
• Based on single judge and division rulings we can say that, Indian courts are willing to stand up to
multinational pharmaceutical companies and protect the interests of Indian consumers
• Positive impact on Indian pharma industry was it shown capabilities of research, developing and
manufacturing high quality generic drug
• It boost morale of other Indian players and raised India’s position in global market as leader in the
global pharmaceutical industry
• The ruling was a strong message to multinational pharmaceutical companies that they cannot
abuse their patent rights
• The stand of Cipla on price point proved that generic medicines produced in India can cost much
less than international companies price and hence it can help Indians to get life saving drugs (here,
anti cancer) at affordable rate.
• The judgement surely laid down detailed guidelines in the field of patent infringement, but the
mindless following of standards is surely something which cannot be done in the case of patents
Precedent set by the case International
Implications
• Other developing countries, which often face pressure from multinational pharmaceutical
companies to adopt patent laws that favor their interests got important message from the
precedent.
• This precedent is important for ensuring that consumers in developing countries have access to
the life-saving medicines they need and pharma bigshot companies can’t abuse the rights
• The case helped to establish the principle that patents should be granted for truly inventive
inventions and not for minor modifications to existing inventions.
• This precedent ensured promoting innovation in the pharmaceutical industry and for preventing
multinational pharmaceutical companies from using patents to stifle competition.
• The case has been cited in a number of other cases involving patent infringement and access to
medicines in developing countries. E.g. the case was cited in the 2013 South African
Constitutional Court case of Bayer vs Minister of Health, which upheld the South African
government's right to issue compulsory licenses for patented medicines to ensure public health.
Global influence on patent law
• The Roche vs Cipla case is a reminder that patent law should not be used to prevent people in
developing countries from accessing the medicines they need.
• This gives stress on point that patent rights are balanced with the public interest first and then
with the manufacturer
• Below are the examples on real life influence -
• The South African Constitutional Court, in 2013, cited the Roche vs Cipla case in its decision to
uphold the South African government's right to issue compulsory licenses for patented medicines
for ensuring their public health.
• In 2016, the Colombian Constitutional Court cited the Roche vs Cipla case in its decision to strike
down a number of provisions in Colombian patent law that were found to be discriminatory
against generic drug manufacturers.
Public reaction and Media coverage
• The media coverage of the case was overwhelmingly positive. Many newspapers and magazines
published articles about the case (see images)
• They highlighted the fact that Roche was trying to prevent people in developing countries from
accessing affordable medicines.
• Not only in India but a number of international organizations, such as the World Health
Organization and Médecins Sans Frontières, criticized Roche for its actions
• There were a number of protests against Roche. Media coverage raised awareness and also put
pressure on Roche.
• People took the case seriously as it was about many human lives vs. profit of a giant company.
• The sympathy towards Cancer patients also helped to gain general public attention towards the
case
Key takeaways for businesses
• Make sure that your patents are for truly inventive inventions - Before filing a patent
application, businesses should carefully consider whether their invention is truly inventive and
not just a minor modification to an existing invention.
• Be aware of the patent laws in developing countries - Businesses should be aware of the
potential for challenges to their patents in developing countries. Also possible public backlash on
company’s profit gaining intent
• Engage with stakeholders in developing countries - Businesses should engage with stakeholders
in developing countries, such as governments, patient groups, and healthcare professionals.
• Public pressure can be effective in holding multinational pharmaceutical companies
accountable – by govt. support, media support and general public support ill mindset ca be taken
down
Importance of protecting IP
Companies can go on protecting their intellectual properties with below measures -
• File patents for their inventions - Patents give businesses the exclusive right to make, use, sell, and
offer to sell their inventions for a limited period of time.
• Register their trademarks - Trademarks are words, phrases, symbols, or designs that identify the
source of goods or services. Registering a trademark gives businesses the exclusive right to use that
trademark in connection with their goods or services.
• Copyright their creative works - Copyrighting a creative work gives businesses the exclusive right to
reproduce, distribute, perform, display, and create derivative works based on the copyrighted work.
• Protect their trade secrets - Trade secrets are confidential information that gives a business a
competitive advantage. Businesses can protect their trade secrets by taking steps to keep them
confidential, such as entering into non-disclosure agreements with employees and contractors.
And they can encourage innovation, attract investment, protect against unfair competition by regular
means.
Emerging trends in patent law and
enforcement
• Acceptance of artificial intelligence (AI) and machine learning (ML) – used for improving the
efficiency and accuracy of patent search, examination, and enforcement
• International patent cooperation working together to improve patent quality and reduce the costs
of patenting inventions e.g. Patent Prosecution Highway (PPH) program
• Alternative dispute resolution (ADR) mechanisms – growing use of it for faster and less expensive
resolution of patent disputes
• In addition to these general trends, specific emerging trends in patent law and enforcement in
different areas of technology.
For example, in the field of biotechnology, there is a growing trend towards granting patents for
gene editing technologies.
In the field of software, there is a growing trend towards granting patents for artificial intelligence-
related invention