Is generic Viagra legal?

There is no simple reply to this as the answer is both yes no and sometimes. Generic treatments can sometimes be legal but at the moment generic Viagra is not legal everywhere.

Viagra

The simple guide to generic Viagra and the issue of legality.

Until 27th March 2012
- In most countries across the world including the US, UK and other EU countries it is illegal for a doctor to prescribe and a pharmacist to fulfil a treatment of Generic Viagra.
- In India however, it is legal for a doctor to prescribe generic Viagra and for a pharmacist to make it and sell it.
- It is illegal to import generic Viagra by post from India without a license.

Post March 2012
- It will be legal for any manufacturer even large retailers like Tescos and boots to produce generic versions of sidenafil citrate.
- Only Pfizer will be able to use the brand name Viagra to market their product.
- It will be legal to buy and import generic versions of Viagra to the USA, UK and other EU countries.

What’s with the March 2012 date?
Just like all pharmaceutical treatments Pfizer were awarded a patent license for Viagra which is due to expire in March 2012.

What happens during the license time?
During the time that the patent licence is still valid only the patent holder in this case Pfizer can produce and distribute the active ingredient sidenafil citrate. The intention is to allow the original manufacturer exclusivity in the market place to be able to recoup the costs of research development and testing the treatment.

Why is it generic Viagra legal in India?
The Indian Patents Act of 1970 made any pharmaceutical innovations and product developments in other areas such as foods and agrichemical unpatentable. This gave the Indian pharmaceutical industry as they were able to freely copy manufacture and distribute new medications.

What are the benefits of Indian off patent generic medications?
Following the implementation of the Indian patents act in 1972 the Indian population had access to cheaper treatments that would otherwise have been too expensive. In the last decade cheap generic treatments have also been exported to African countries, providing poorer populations with access to otherwise unaffordable HIV anti-retro viral drugs. Today most African countries are now dependent on cheap Indian manufactured treatments for most of their pharmaceutical needs.

What downsides are there to Indian off patent generic treatments? Many Indian pharmaceutical companies are advanced and operate to safety and quality standards equivalent to those in western nations. However, for every professional operator there are numerous smaller unregulated manufacturers, which are often, no better than back street operations. For the more fraudulent or less ethical producers the high profits to be made selling treatments to western nations is much more appealing. For this reason it is too tempting to sell otherwise expensive patent protected treatments such as generic Viagra to western countries. The main problem is that there is no controls or minimum standards that manufacturers have to adhere to, furthermore due to the lack of legislation there is no deterrent stopping them from producing fake, defective or even dangerous medications. For that reason it is actually more dangerous for westerners to buy Indian generic medications online as the market is crowded with fraudsters, indeed it would be like playing Russian roulette.