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Pfizer Inc has appealed against a court ruling denying it the right to use a Chinese name for Viagra because a domestic company was already using it.

The world's largest research-based drug maker said yesterday that it had sued a Chinese firm in November 2005 for using the brand Wei Ge, or "Mighty Brother", because it "had infringed on the Chinese name" of Viagra, a drug used to treat erectile dysfunction.

But the Beijing No. 1 Intermediate People's Court ruled against the drug giant last month.

Despite going on record that it had full trust in China's judiciary system, Pfizer said the court ruling didn't conform to the government's efforts to create an environment of innovation and protection of intellectual property rights.

It filed the appeal on January 30. "For almost 10 years Wei Ge has been directly linked to Viagra in China and is recognized as a Pfizer trademark in other Asian countries," it said.

The Beijing court has ruled that the use of Wei Ge by the media to refer to Viagra was not sufficient evidence to prove that Pfizer was the owner of the Chinese name.

Last month, the same court had ruled in favor of Pfizer against three defendants, barring them permanently from making or selling the trademark blue, diamond-shaped Viagra tablets. The three defendants were told to pay damages to Pfizer and issue a public apology, too.

Pfizer has claimed to have invested more than $500 million in China, but it doesn't say how much it has earned from Viagra sales.

The global sales of the drug, though, rose 5 percent to $423 million in the fourth quarter of last year.

(China Daily 02/08/2007 page3)