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ARTICLE · 01 SEPTEMBER 2014

Bombay HC Upholds India’s First Compulsory License

Nishith Desai Associates
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The order of the IPAB affirmed the order of the Controller of Patents to grant Compulsory License to NATCO for Bayer’s Indian patent on Nexavar.

IndiaIntellectual Property
Ankita Mathew
Ankita Mathew
Ajay Chandru
Ajay Chandru
Gowree Gokhale
Gowree Gokhale
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  • The Bombay HC in this case has upheld the order of the IPAB, which affirmed the order of the Controller of Patents to grant Compulsory License to NATCO for Bayer's Indian patent on Sorafenib Tosyalte (Nexavar).
  • NATCO's application for Compulsory License of Patent was the first in India.
  • This case is significant as it gives certain new interpretation to the conditions that needs to be met under the Indian Patents Act, 1970 for grant of Compulsory License.
  • The Bombay HC held that in respect of medicine the adequate extent for meeting the demand of the drug has to be 100%.
  • The Bombay HC held that dual pricing can be applied to meet the requirement of the public and not for making available the drug under reasonably affordable price.

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