India finds 2001 Roche patent application for Tamiflu?

from businessstandard: A high-level committee’s decision not to circumvent the pending patent application of Roche, filed in 2001, will delay but not deny the launch of the domestic version of the drug, as the Indian companies will now have to wait for a licence from the patent-holder.

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DG Shah, secretary-general, Indian Pharmaceutical Alliance, thinks it is heartening that the government has recognised the emergency, but feels it should have been more proactive by invoking Section 92 (provision of compulsory licence issue) to expedite domestic production. Roche’s Indian executives were unavailable for comments.

“Marketing authorisation is a good thing but the provision for a compulsory licence should have been invoked. Now, the launch of the generic version by Indian companies like Ranbaxy and Cipla will be delayed as the licencer will take time in responding to them. After that happens, there will be negotiations on the royalty rate,” explains Shah.