The Elusive Life Saver
A multi-state investigation into the distribution of patent-infringing oncology drugs — tracing cross-border connections and building the evidence database needed for legal action in India.
"Pharmaceutical products, especially life-saving drugs, can be a boon as well as a bane — and since nobody knows the credibility of these products, it would not be false to state that they could be life-threatening too."
Many local players take advantage of the high cost of life-saving drugs — getting involved in the manufacturing and distribution of patented products under cheaper pricing. The pricing may be alluring, but the life-saving capability claims of these products are far from true.
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. The Sri Lanka connection turned out to be a fake front to deflect attention, while the Bangladesh connection was apparent — though Bangladesh does not fall under the regulated market for patents and the client had no jurisdiction there.
Action therefore needed to be taken in India.
InstaQuest initiated a meticulously planned drive to identify all entities involved in distributing these products within India. The operation spanned several states — mapping a complete database of distributors and retailers. Purchase inquiries were made with all entities, and product procurements were made from select targets to gather direct evidence of involvement.
This database proved vital for the innovator companies to take legitimate legal action against the parties involved in India and to safeguard their intellectual property. A similar report was also submitted to the Organisation of Pharmaceutical Producers of India (OPPI) and shared with the then-government body DIPP (Department of Industrial Policy and Promotion) — now renamed the Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry, Government of India.
A complete distributor and retailer database built across several states — enabling legal action in India and formal reporting to OPPI and the Government of India.
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