Date:31/01/2007 URL: http://www.thehindubusinessline.com/2007/01/31/stories/2007013102931600.htm

Back Up against a `non-tariff barrier'

M. Ramesh

Advertisement

Chennai Jan. 30 Orchid Chemicals' plans to launch Tazobactum Piperacillin in the US have been killed by a `non-tariff barrier'— an action of the US-based innovator Wyeth.

Tazobactum Piperacillin was to go off-patent next month, and because Orchid has marketing tie-ups in place, it would have launched the drug in the US market aiming at $60 million sales. However, that was not to be so easy.

According to Orchid Chemicals' Managing Director, Mr K. Raghavendra Rao, Wyeth made some technical modifications in the product and got a fresh patent. The company also filed a `citizens' petition' with the Food and Drug Administration (FDA) of the US, seeking protection for the earlier version of the drug.

"This way, anybody can go on extending the patent for any product," Mr Rao said, adding that Orchid was contesting Wyeth's claim.

A decision from FDA is expected shortly but because "the option of going to the courts is open to both parties," there is no knowing when Orchid will be able to launch the drug in the US.