However, Cipla could face a court challenge from Swiss pharmaceutical giant Roche, which holds the patent for Tamiflu, The New York Times reported.

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Generic drug makers can't legally sell patented drugs in the West. However, all national patent laws allow nations to cancel drug patents during emergencies and either buy generic drugs or compel drug patent holders to license their drug formulas to other companies.

"Right or wrong, we're going to commercialise and make oseltamivir (the generic name for Tamiflu)," Dr Yusuf K. Hamied, chairman of Cipla, told the Times.

Only in developing nations
He said the generic drug would be sold only in developing nations.

"God forbid the avian flu should strike India. There is no line of defence," Hamied said.

Roche spokesman Terry Hurley wouldn't say whether the company would take Cipla to court. But Hurley told the Times, "If we determine that there has been an infringement, we'd move to protect our rights and interests."

Due to fears of a possible flu pandemic, the United Nations and several countries have been pushing Roche to license generic versions of Tamiflu, which eases the worst symptoms of flu.

Roche just announced it's increasing Tamiflu production to create stockpiles of the drug, but it said governments may have long waits for their orders to be filled. – (HealthDayNews)

Read more:Avian influenza (Bird flu)

October 2005
 

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