Legal Action taken against Generic Products of Eisai's Selbex Capsule 50mg based on the Japanese Unfair Competition Prevention Law in the Japanese Market
Eisai Co., Ltd. (Headquarters: Tokyo, President & CEO: Haruo Naito), has previously filed legal action 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") manufactured and distributed by Eisai for injunction of unfair competition acts and compensation for damages in the Tokyo District Court on the ground of possibility to cause confusion with Selbex in clinical usage because of similarities of a PTP sheet and a capsule design of Selbex and those of generic products. The Tokyo Distric Court announced today that the lawsuit against Taiyo Yakuhin Co., Ltd. has been dismissed. The Court has not made any judgment on the other 11 companies and distributors at this time.
Although the claim made by Eisai was rejected in this trial, our allegation that the capsule designs and PTP sheets of the generic products themselves might fall into “the indication for goods or business” of the Unfair Competition Prevention Law has been acknowledged. Furthermore, the Court made a judgment that colors of a capsule and a PTP sheet of a pharmaceutical product themselves might fall into “the indication for goods or business” under given conditions.
However, Eisai thinks that this judgment is not exactly based on the actual status of the usage of pharmaceutical products in medical institutions. Therefore, Eisai cannot agree with the ruling.
Eisai believes that there still remains risk to medical institutions and patients as the result of confusion of Selbex with other generic products. Accordingly, Eisai will file an appeal against the Taiyo Yakuhin Co., Ltd. ruling. Eisai will take affirmative measures to fully eliminate the risk of product usage confusion
[Effect/Indication, Glossary, Names of Defendants, and Photographs of Generic Products are attached as reference materials.]
Corporate Communications Department
Eisai Co., Ltd.
Definition of an "unfair competition act" (Item 1, Paragraph 1, Article 2 of the Unfair Competition Prevention Law)
3. Names of Defendants and Generic Products
(Underlined is the company on which the Court made a judgment on January 13.)