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 The comments come after generic drug maker Actavis
accused Denmark's H. Lundbeck of blocking generic competition in
Denmark.
"I think the public health system should raise a compensation claim
if they can lift the burden of proof," Krag told Jyllands-Posten in
an interview.
A Lundbeck spokesperson told Reuters that Actavis is not entitled to
any compensation and instead Lundbeck will demand compensation from
the U.S. pharmaceutical company for violating its patent.
"We have only tried to enforce our patent against Actavis, which has
gone to market with a product that infringes our patent," a Lundbeck
spokesperson told Reuters.
Denmark's five regions, who administer hospitals and other health
care providers and annually hand out billions of crowns in
reimbursement, have asked the attorney general whether they can file
a claim for damages against H. Lundbeck.
"In this case it is up to those regions, which have had the cost of
reimbursement to decide whether to pursue the matter," Krag said.
In the case of Actavis the Danish Supreme Court recently overruled
an injunction, which the District Court imposed against copies of
Lundbeck's antidepressant Cipralex in 2011.
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"It does not change the fact that there has been a violation of
our patent. We are the only ones who have suffered a financial
loss," Lundbeck said.
"We agree with the minister that it is unacceptable to use illegal
methods to keep prices artificially high, but we have not used
illegal methods, we only applied for an injunction, which is not at
all illegal," the Lundbeck spokesperson said.
(Reporting by Shida Chayesteh; editing
by Balazs Koranyi)
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