Merck & Co warning to Brazil over patent

26 March 2001

Merck & Co has sent an "informal" letter to Brazil's state-owneddrugmaker Far-Manguinhos, advising that it has violated Merck's patent on the HIV/AIDS drug Stocrin (efavirenz) by importing a generic version from India, and asking it to halt the purchases.

The Brazilian firm says it imported only a small amount of the drug for research purposes, as is permitted under Brazilian law, and is not using it for commercial purposes, reports Reuters. Director of drug technology Eloan dos Santos Penheiro is quoted as saying that Merck told Far-Manguinhos that it if did not cancel the purchase and halt the studies, it would be taken to court.

Dr Penheiro said that if Merck negotiates a lower price for the drug, Far-Manguinhos will not manufacture it, but "if they don't, we want to be prepared."

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