Lilly Gets Interim Injunction on Prozac

31 March 1996

US pharmaceutical company Eli Lilly has been granted an interim injunction in Canada which delays the sale of generic versions of its selective serotonin reuptake inhibitor Prozac (fluoxetine) in Canada. The patent for the product ran out there on March 20.

Lilly wants to stop Canadian generic drug firms from producing generic forms which have the same green and yellow appearance as its original drug. Lilly believes that Prozac's two-colored capsules are famous. Said a company spokesperson: "we don't think look-alike products should mislead customers into believing these products are made by Lilly."

The generic firms involved in the dispute are Novopharm, Apotex and Nu-Pharm. Apotex, which has a basic approval from Health Canada for its generic form, has said that it will go back to the regulatory agency to seek approval to market a product different in appearance to Prozac while the interim injunction is in place, but hopes to overturn the injunction. Novopharm also intends to market a generic in a different colored capsule.

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