“Right or wrong, we’re going to commercialize and make oseltamivir,” said Dr. Yusuf K. Hamied, chairman of Cipla of Bombay, using the drug’s generic name and acknowledging that he might face a fight in the Indian courts with Roche, the Swiss pharmaceutical giant that holds the patent.
Although generic manufacturers cannot legally sell the patented drug in the West, all national patent laws, including those of the United States, allow governments to cancel patents during emergencies and either buy generics or force patent holders to license their formulas to rivals.
A spokeswoman for the Department of Health and Human Services, which has recently ordered 12.3 million doses of Tamiflu from Roche, said she could not comment on the effect of Cipla’s announcement. “Preparing the world for a pandemic flu outbreak is a top priority, and we’re looking at various options in stockpiling drugs and vaccine,” said the spokeswoman, Christina Pearson. “But there are a lot of issues, and it’s too early to speculate about this right now.”