As pharmaceutical companies constantly work to develop new products, there are sure to be multiple drugs – either already available or in various stages of trials and testing – to alleviate any given ailment or the symptoms thereof. These companies rely heavily on IP law to ensure that their product and reputation remain unharmed by possible infringers, especially seeing that profits garnered by monopolizing a particular pharmaceutical product can reach up to billions of dollars. In the case of Rotta Research Laboratorium SpA v Ho Tack Sien Ors, the latter claimed to have independently developed the glucosamine sulphate based drug Artril 250, which was similar to Viartril-S, a drug developed and sold by the Plaintiffs, Rotta Research Laboratorium SpA and Antah Pharma Sdn Bhd, both of which were used to treat osteoarthritis.
Archives for August 2011
Hendry Yogiaman and Andi Lesmana are two Indonesians who claim to be inventors of the “Spring Buffer”, a shock absorbing automobile spare part made from rubber. They filed a Simple Patent for their invention on 8 December 2006, which was approved by the Patent Office and registered under registration number ID0000770S on 14 December 2007. As the Simple Patent holder, they had full rights to use and exploit their invention.
After some time, the two inventors were troubled to discover that another product similar to their invention had been sold without their consent. So, being the owners of the Simple Patent for the invention, they were eager to stop what they saw as an infringement of their rights. They officially submitted a report to the Investigation and Litigation Section of Patent Directorate (“Investigation and Litigation Section”) on 12 September 2008, which acted upon the report by conducting an investigation.