Julphar and Viagra Plus

UNCLAS ABU DHABI 000091 SIPDIS SENSITIVE STATE FOR NEA/ARP, NEA/PPR AND EB/TPP/MTA/IPC STATE PASS USTR - JBUNTIN USDOC FOR USPTO USDOC FOR 4250/DOC/MAC/ONE/CLOUSTAUNAU GENEVA PASS USTR E.O. 12958: N/A TAGS: KIPR ETRD TC SUBJECT: Julphar and Viagra Plus ¶1. (SBU) Econchief Abu Dhabi and Econoff Dubai separately met with Dr. Ahmed El Hakim, Pfizer's Director of External Affairs and Health Policy for the Middle East Region (based in Cairo),Zeydan Abuissa, Pfizer's General Manager in Dubai, and Merck's Matthew Anderson (representing Pharma) on January 3 and 4, 2004. According to El Hakim, Julphar registered its version of "Viagra" with the Ministry of Health, in violation of the UAEG's commitments to protect pharmaceutical products. ¶2. (SBU) The issue is complicated by the fact that the USG issued an improvement patent to Julphar for its version of Viagra. Pfizer explained that Julphar used its U.S. patent to convince the UAEG to register the drug here. According to Abuissa, the improvement patent does not give Julphar the right to market or manufacture, without the permission of Pfizer, the product until Pfizer's patent expires. ¶3. (SBU) Pfizer briefed Econchief on its - thus far - positive efforts with the UAEG. Pfizer's UAE lawyer has prepared and sent a letter to the UAEG explaining the legal case and the Pfizer/Pharma team is meeting with UAEG officials. They met with Dr. Easa Al-Mansoori, the director of the Drug Control Department at the Ministry of health. According to Pfizer, the meeting went very well. Based on the evidence that they presented, Al-Mansoori agreed to delay Julphar's Marketing rights and manufacturing rights at least until 2005. He further said that he was willing to reopen the file and cancel Julphar's manufacturing privileges if Pfizer could demonstrate that Viagra was still under Patent protection. Subsequently, Abuissa told Econchief that Phizer also had positive meetings with the Ministry of Finance. ¶4. (SBU) Econchief advised Pfizer to work within the UAEG system, especially since the initial results were positive. They agreed and noted that this was the first problem since the Embassy brokered Pharma-UAEG agreement in 2002. The Pfizer officials agreed that a cooperative approach was best and promised to coordinate with the Embassy. WAHBA