Global healthcare company Novartis has recently won a legal battle to defend its patent for Vildagliptin, an active ingredient used for type 2 diabetes treatment, in Việt Nam.
This legal victory reaffirms Novartis' efforts in intellectual property rights protection, which foster a healthy competitive environment and motivate pharmaceutical companies to continue developing new drugs for the benefit of patients and addressing challenging medical issues.
Established legally in Việt Nam in 2008, Novartis Vietnam has become a trusted partner of the Vietnamese Government in supporting the domestic healthcare system through long-term and comprehensive cooperation programmes in key therapeutic areas, including cardiovascular, immunology, oncology and gene therapy.
In early 2015, Novartis, the owner of the patent for Vildagliptin, discovered a company in Bình Dương Province producing a drug which infringed on its Vildagliptin patent. After nearly eight years of litigation, in October 2023, Novartis was granted a victory by the High People’s Court of HCM City, successfully securing its patent for Vildagliptin in the Vietnamese market. The defendant was required to publicly apologise and compensate for the infringement. (Judgement 110/2023/KDTM-PT dated October 17, 2023 on Disputes over intellectual property rights).
The judgment has set an important precedent for pharmaceutical patent protection through legal proceedings in Việt Nam, helping similar cases to be resolved fairly and transparently. Moreover, this also reinforces investors' confidence in the improving business environment and encourages them to invest in research and innovation activities in Việt Nam.
"Protecting intellectual property rights is a crucial condition for companies to confidently invest in product research and development," said Ms. Karina Ng, Country President of Novartis Vietnam. “The Vietnamese court has made a fair ruling protecting the legitimate rights and interests of Novartis, and we expect relevant parties to comply with this judgment. This will enhance investors' confidence in the improving business environment to bring more value to Việt Nam, especially to address challenging medical issues.”
Over the past year, with the enactment of the amended Law on Intellectual Property, Việt Nam's intellectual property legal system has met practical requirements as well as commitments in new-generation Free Trade Agreements like EVFTA and CPTPP.
"We highly appreciate the continuous efforts of the Vietnamese government in strengthening intellectual property rights protection," emphasised Lê Xuân Lộc, a representative of T&G Law firm LLC and Tilleke & Gibbins. "A fair and transparent intellectual property law will establish a healthy business environment, thereby encouraging businesses to invest in innovative activities and promote creativity for the benefit of the community.” — VNS