According to Shamnad Basheer, professor of intellectual property law at the National University of Juridicial sciences in New Dehli, the answer is YES.
Did Drugmakers Violate India’s Patent Laws? // Pharmalot.
Dr. Basheer asserts that Bayer, Pfizer, Roche, Merck and BMS - when their disclosure filings (required by Indian law) were examined under a Right to Information request -- did not fully comply with the norms of such disclosure filings. Says Basheer, "This indicates that firms are not taking this disclosure requirement seriously."
Under Indian law, failure to comply with mandatory disclosure law can result in not only fines, but in granting compulsory licenses to generic competitors. Basheer says he is on a "transparency mission."
He expects to publish what his full findings uncovered soon. Uh-oh!
Posted by Bruce Lehr April 7th 2011.
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