Natco & Compulsory Licenses: Round 3

Unnikrishnan of the Mint reports that we may see a third compulsory licensing case in the coming days. No prizes for guessing the identity of the applicant. Yes, its Natco once again! Our readers may remember that the two previous applications by Natco were for two anti-cancer drugs being manufactured by Roche and Pfizer. In those two cases Natco had filed for a CL to export to Nepal.

This time round however Natco is applying for a CL to manufacture Pfizer’s anti-AIDS drug called Celzentry for both exports to Nepal and local use in India. The drug was granted a patent in June last year and there is still time for an opposing firm to launch a post-grant opposition against the patent. The Mint had earlier reported that MSF and Lawyer’s Collective were contemplating on whether or not to launch post-grant opposition.

If in case these post-grant oppositions do not succeed and Natco is granted CLs in its favour then in that case Natco will have to pay Pfizer a royalty for each drug that it manufactures and sells. Hopefully Natco’s third application will increase the pressure on Big Pharma to introduce differential pricing in a bid to stave of any argument of ‘un-affordable prices’.

SpicyIP keenly awaits the Patent Office decisions in the Natco-Pfizer & Natco-Roche disputes.