It is now been almost two years the first compulsory license was
granted by the Controller General of India to Natco Pharma Ltd., an
Indian generic drug manufacturer. The first application for
Compulsory License under Section 84(1) of The Patents Act 1970 was
filed on July 29, 2011 in respect of the Patent No. 215758 granted
on March 03, 2008 to Bayer Corporation., a US based company for the
salt 'Sorafenib tosylate', sold under the brand name
NEXAVAR for the treatment of the advanced stages of kidney and
liver cancer.
The applicant Natco Pharm Ltd., approached the Patentee with a
request for a voluntary license to manufacture and sell the drug as
per requirements prescribed in Section 84 of the Indian Patents
Act, 1970 the, which did not materialize. The Applicant proposed to
sell the drug at a price of Rs.8800/- for one month therapy as
compared to the price of about Rs.2,80,428/-, which was being
charged by the Patentee at the time of making the Application.
