Patents
Pfizer Inc v Cosmos Limited, IPT Case No. 49 of 2006 (Ruling, Industrial Property Tribunal) [2008]
Facts
Pfizer alleged Cosmos Limited manufactured, imported and sold Azithromycin Dihydrate under the trademark "Zithrox" without authorisation, infringing ARIPO Patent AP44. Cosmos admitted the conduct in 2005 but stopped after a cease-and-desist letter.
Issues
Whether the ARIPO patent remained valid and in force in Kenya, given renewal-fee and lapse questions; whether infringement occurred despite Cosmos's denial of intent; and the applicability of TRIPS/parallel-importation defences.
Rule
Industrial Property Act, s.106 (infringement proceedings before the Tribunal) and s.59 (ARIPO patents under the Harare Protocol have the same effect as nationally granted patents).
Analysis
The Tribunal found the patent had been maintained on the register and was valid. It held patents are territorial and rejected the TRIPS/parallel-import defences as inapplicable.
Conclusion
The Tribunal found infringement, granted an injunction restraining further infringement for the remaining patent term, and ordered destruction of remaining infringing stock.
Note: this ruling is reported via specialist IP law commentary (Afro-IP and Strathmore CIPIT) rather than a digitized primary kenyalaw.org record, as Industrial Property Tribunal rulings from that era do not appear to be digitized there.