Indonesian Court Strikes Down Patent Evergreening Provision — SkimNews
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- Indonesia's Constitutional Court ruled that a two-year-old amendment removing a prohibition on 'patent evergreening' was unconstitutional, reinstating the original restriction on the practice.
- The court determined the original restriction is needed to balance the rights of patent holders with the broader public interest, particularly public health.
- The case was brought by several patients and advocacy groups seeking to overturn the amendment that had legalized evergreening in Indonesia.
- Patient advocates say the ruling sends an important message encouraging other countries to challenge the pharma industry practice.
- 'Patent evergreening' is a tactic in which drugmakers file additional patents covering minor tweaks to existing medicines in order to forestall generic competition.
Why it matters: Indonesia's Constitutional Court reversed a two-year-old amendment that had lifted the ban on patent evergreening, ruling the original restriction is needed to protect public health. Patient advocates who brought the case say the decision encourages other countries to challenge pharma industry tactics, restoring an earlier path to generic competition in Indonesia's drug market.
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