This looks like a good move

The Times:

A major Indian drug company announced yesterday that it would start making a generic version of Tamiflu, the anti-influenza drug that is in critically short supply in the face of a possible epidemic of avian flu.
"Right or wrong, we're going to commercialize and make oseltamivir," said Dr. Yusuf K. Hamied, chairman of Cipla of Bombay, using the drug's generic name and acknowledging that he might face a fight in the Indian courts with Roche, the Swiss pharmaceutical giant that holds the patent.
Although generic manufacturers cannot legally sell the patented drug in the West, all national patent laws, including those of the United States, allow governments to cancel patents during emergencies and either buy generics or force patent holders to license their formulas to rivals.

Since there is no vaccine for H5N1, and probably won't be until it mutates into something else transmissible person-to-person, this may save a lot of lives. Screw Roche.

UPDATE: On the other hand:

NEW YORK (AP) -- The bird flu virus that infected a Vietnamese girl was resistant to the main drug that's being stockpiled in case of a pandemic, a sign that it's important to keep a second drug on hand as well, a researcher said Friday.