Calls To Override Tamiflu Patent Increase

by Glen Shapiro, LawAndTax-News.com, New York

21 October 2005

Calls are growing for governments to override the patent rights of Switzerland's Roche Pharmaceuticals, which owns the exclusive rights to the Tamiflu vaccine for the next ten years.

With fears of a global bird flu pandemic increasing, countries around the world have been advised to stockpile the drug, with the result that Roche is unlikely to be able to fulfil orders for the quantities necessary, despite recently announcing that it will open another plant in the United States.

UN Secretary General, Kofi Annan's hints that it may be necessary for national governments to step in, and a pledge by a drug manufacturer in India pledge to create a cheaper generic version of the vaccine may have been behind the softening of Roche's stance on licensing.

The company has reportedly ruled out relinquishing its exclusive patent rights voluntarily. However, in a statement released on Tuesday, chief executive of Roche's pharmaceutical division, William M. Burns announced that:

"We are prepared to discuss all available options, including granting sub-licenses, with any government or private company who approach us to manufacture Tamiflu or collaborate with us in its manufacturing."

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