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Indonesia Patent Dispute in the Pharmaceutical Industry

Updated: Jan 25, 2021

The patent infringement lawsuit filed by Apotex Inc. was listed in the Central Jakarta Commercial Court with the number 26/Pdt.Sus-HKI/Paten/2020/PN Jkt.Pst.

The Canadian owned pharmaceutical company objected towards PT. Novell Pharmaceutical Laboratories who have made, used, sold, imported, submitted, or made available for sale or delivery Oferlod products which violate the Plaintiff's Patent. The defendant's action was considered as a violation which inflicts loss for the plaintiff.

Both Apotex Inc. and PT. Novell Pharmaceutical Laboratories were engaged in the pharmaceutical industry. Founded in 1974, Apotex Inc. has focused on research, development, manufacturing and distribution of drugs. The company has steadily grown to employ over 10,000 people located in Canada, India, Mexico, and China.

On the other side, PT. Novell Pharmaceutical Laboratories was established in 1998 in Indonesia and became the only company to have GMP license from Europe, Australia, South Africa PICS and GCC Gulf Countries. As part of its international expansion, the company has its own office and marketing team in the Philippines, Thailand and Vietnam, with more than 30 employees outside Indonesia.

Currently, this case is still at the early court examination stages. The plaintiff requested that the defendant has violated the Patent entitled "The Use of Deferipron". The plaintiff also requested the Judges for all of the Defendants' Oferlod products be handed over to the plaintiff. They also requested some amount of damages.

The plaintiff requested damages in Material Compensation of Rp 32,766,000,000 (thirty-two billion seven hundred sixty six million rupiah) for the loss of sales in Indonesia due to violations committed by the defendant.


By: Trade Mark Team, Biro Oktroi Roosseno Indonesia

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