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THE ELUSIVE LIFE SAVER

Pharmaceutical products, especially life-saving drugs can be a boon as well as a bane. Boon because they are lifesaving, bane because they could cost a fortune. Many local players take advantage of this and get involved in manufacturing and distribution of patented products under cheaper pricing. The pricing as alluring as it may be, the life-saving capability claims of these products are far from true. On the contrary, since nobody knows the credibility of the products, it will not be false to state that they could be life threatening too.

One such company was found distributing patent infringing products of multiple innovator companies for oncology in India. A deeper Investigation by InstaQuest revealed that the entity allegedly had bases in Sri-Lanka and Bangladesh. While the Sri-Lanka connection was revealed to be a fake front to dodge eyeballs, the Bangladesh connection was apparent. Since, the Client did not have any jurisdiction in Bangladesh and also because Bangladesh does not fall under the regulated market for patents, action needed to be taken here in India.

Hence, a drive was initiated by InstaQuest with meticulous planning to identify the entities involved in distribution of these products within India. The operation spanned several states in India and a complete database of distributors and retailers were lined up. Purchase inquiries were made on all entities and even product procurements were made from some, with the intent to gather evidence of their involvement. This proved to be vital for the innovator companies to be able to take legitimate action against the parties involved in India and to be able to safeguard their IP.

A similar report was also submitted to the Organization of Pharmaceutical Producers of India (OPPI) and shared with the then government body DIPP (Department of Industrial Policy and Promotion) now renamed as Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry, Government of India.