Summary of the suite
to revoke the ddI
patent
The Thai Network of
People Living with
HIV/AIDS (TNP+),
AIDS ACCESS
Foundation and the
Thai Foundation for
Consumers with
representation from
the Thai Law Society
filed a law suit on
May 9, 2001 with
Thailand’s Court for
Intellectual
Property Rights and
International Trade.
The plaintiff
claimed that the
patent registration
of ddI held by BMS
was invalid due to
BMS illegally
amending its
original application
in order to claim a
wider monopoly than
the patent
description
justified- the
original application
was only for a 5-100
milligram dose.
On October 1, 2002,
TNP+ won the case in
Thailand's Central
Intellectual
Property and
International Trade
Court (CIPITC). The
court ruled in favor
of the plaintiffs.
BMS and the
Department of
Intellectual
Property as a
co-defender were
ordered to amend
patent # 7600 to
identify the range
of ddI as 5-100
milligram in
accordance with its
original
registration. Later,
BMS and DIP appealed
the case.
On October 9, 2002,
another group of
plaintiffs filed a
case with CIPITC,
asking the court to
revoke the BMS
patent on ddI
tablets in Thailand.
In the mean time,
they requested the
court to allow other
manufacturers to
produce ddI during
the time the case
was being heard. The
network and its
allies from all over
the world sent
letters to the GPO
and MOPH to call for
the GPO to a file a
suit against BMS.
Finally, the MOPH
ordered the GPO to
be a plaintiff in
the law suit against
BMS.
In
January 2004, BMS
negotiated to end
the case in Thailand
by revoking its
patent # 7600 on the
condition that it
would withdraw the
appeal on the first
case and that TNP+
and the Thai
Consumer Foundation
withdraw the second
case. Finally, there
would no longer be a
patent on ddI in
Thailand after BMS
submitted a request
to DPI to revoke the
patent. |
