SpicyIP Tidbit: Bombay HC dismisses challenge to Nexavar Compulsory License

Earlier today, Justice M.S. Sanklecha of the Bombay High Court dismissed a challenge by Bayer AG to the IPAB’s decision to grant Natco a compulsory license to manufacture and distribute a generic version of Bayer’s patented kidney cancer drug, Nexavar.

As per the Mint report, Justice Sanklecha stated, “We don’t see a reason to interfere with the order passed by IPAB and, therefore, the case is dismissed.” In upholding the Nexavar compulsory license, generic versions of the drug can continue to be manufactured at Rs 8,800 per month, rather than the patented price of Rs. 2.8lakh per month. There still lies an appeal to the Supreme Court if Bayer wishes to take this up, which the Supreme Court will take up only if it believes a question of law is to be decided upon.

Swaraj Paul Barooah

Swaraj Paul Barooah

Follow @swarajpb Swaraj has a deep interest in IP, Innovation and Information policy, especially when they involve issues relating to Access to Knowledge, Innovation incentive mechanisms, Digital Freedoms, Open Access, Education, Health and Development. After his BA, LLB (hons) from Nalsar Univ of Law, Hyderabad, he went on to do his LLM from UC Berkeley in 2010. He is now pursuing his J.S.D. degree from UC Berkeley where he is focusing on Drug Innovation Policy and Access to Medicines. Aside from SpicyIP, he is also engaged as a consultant on various IP matters, and is a visiting faculty member at Nalsar Univ of Law. He is also in the process of starting up a New Delhi based "IP, Innovation & Information Policy" focused think-tank.

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