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ARTICLE · 15 MARCH 2013

Compulsory Licensing For Three More Patented Cancer Drugs

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The recent announcement of the Indian Government for granting Compulsory Licenses for three more patented drugs has been outrageously cheered by health activists and patients’ across the country.

IndiaIntellectual Property
Mrinalini Gupta
Mrinalini Gupta
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The recent announcement of the Indian Government for granting Compulsory Licenses (CL) for three more patented drugs has been outrageously cheered by health activists and patients' across the country. The Department of Industrial Policy and Promotion (DIPP) is exploring a proposal from the Health Ministry to issue CL for three anti-cancer drugs.

The drugs which qualify the list are Roche's Herceptin (trastuzumab), a biotech drug for the treatment of breast cancer and Bristol-Myers Squibb's (BMS's) Sprycel (dasatinib) for the treatment of leukemia and Ixempra (ixabepilone) for the treatment of breast cancer.

SECTIONS UNDER WHICH CL IS GRANTED IN INDIA

1. Section 84

As per section 84(1) of the Patents (Amendment) Act, 2005 (hereinafter "the Act"), an application for the grant of CL on patent can be made to the Controller by any person interested on any of the following grounds:

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