Eisai files Lawsuits against Companies Selling Generic Products of Eisai's Selbex Capsule 50 mg based on the Unfair Competition Prevention Law in the Japanese Market
Eisai Co., Ltd. ("Eisai", Headquarters: Tokyo, President & CEO: Haruo Naito) announced today that the Company has filed lawsuits against 12 companies and distributors of pharmaceutical products selling generic products of Eisai's gastritis/gastric ulcer medication "Selbex capsule 50mg" (generic name: teprenone), hereinafter referred to as "Selbex," which is manufactured and distributed by Eisai, for injunction of unfair competition acts and compensation for damages in the Tokyo District Court.
Eisai has continuously manufactured and distributed Selbex, which uses a PTP sheet designed with blue letters on a silver background and also using a two-toned green and white capsule, which has not been changed since the product launch in December 1984.
Each of 12 companies, who is a defendant in the legal action, is manufacturing and/or distributing a generic product using a similar PTP sheet design and a similar capsule design to that of Selbex.
Selbex is widely used in GI clinical treatment, for example, the number of prescriptions receives the highest rank in the gastric therapeutic area, and the product and packaging designs are well known and recognized by customers as an indication of Eisai's product.
Eisai believes that such manufacture and/or distribution of these generic products constitutes an unfair competition act as stipulated in "Item 1, Paragraph 1, Article 2 of the Unfair Competition Prevention Law" because these acts are likely to cause confusion with Selbex in clinical usage.
Eisai will take firm legal measures against these 12 companies until they cease using such similar designs to those of Selbex.
Eisai Co., Ltd.
Corporate Communications Department
[Glossary, Names of Defendants, and Photographs of Generic Products
are attached hereto as reference materials]
Definition of an "unfair competition act" (Item 1, Paragraph 1, Article 2 of the Unfair Competition Prevention Law)
The act of using an indication for goods or business (as used hereinafter, an "indication for goods or business" means name, tradename, trademark, mark, container or package of goods, or any other indication used for goods or business, which is connected with a person's business) which is identical with, or similar to, another indication for another person's goods or business as to be well-known among customers, or the act of selling, distributing, displaying for the purpose of sale or distribution, exporting or importing goods on which such an indication for goods or business is used, and thereby causing confusion with another person's goods or business.
[Names of Defendants and Generic Products]