Local Pharmaceutical Company Sues Bayer Over Medical Patent
PT. Pratapa Nirmala, a pharmaceutical company based in Jakarta, has filed a civil suit against Bayer. The main subject of the dispute concerns a patent owned by the German company: Patent numbered IDP000029094, titled “Prevention and Treatment of Thromboembolic Disorders”.
As detailed in the suit, PT. Pratapa Nirmala insists for the Patent in question to be canceled, on the grounds that it doesn’t comply with certain stipulations of Indonesian Patent Law. First, the Plaintiff claims that Bayer’s Patent does not possess the qualities required by Article 5 of Indonesian Patent Law– namely novelty, inventive steps and industrial applicability. Furthermore, the Plaintiff claims that Bayer’s Patent is also not in accordance with Article 9 of Indonesian Patent Law. The Article stipulates that any method of examination, treatment, medication, and/or surgery applied to humans cannot be granted a patent. PT. Pratapa Nirmala believes that Bayer’s Patent concerns medication methods for humans, therefore should not be patentable.
The detailed petitum in the suit are as follows:
The ethics behind what is patentable can be a highly contentious topic. The main goal of Patent Law (and by extension, all laws concerning IP) is to reward and protect creators, which sometimes could go against the interest of the masses. What ethically should be beyond the scope of Patents? Do Patents sometimes hinder progress? Such difficult questions have recently penetrated public discourse due to the Covid-19 pandemic. The unprecedented and pressing nature of the phenomenon increased calls to “waive” vaccines patents, in order to fasten and quickly broaden its distribution.
The case involving PT. Pratapa Nirmala and Bayer are registered at the Central Jakarta Commercial Court with the first trial due this week. We will closely watch this case as it develops. In the meantime, if you need IP services yourself, do not hesitate to contact us via email@example.com. We will provide the most appropriate solutions, according to your situation.