[Ip-health] UPDATE: Bayer Corporation v. Union of India (Patent Linkage case in India) – Final hearing adjourned

prathibha siva prathibha.siva at gmail.com
Wed Aug 4 03:40:59 PDT 2010

*UPDATE: Bayer Corporation v. Union of India (Patent Linkage case in India)
– Final hearing adjourned*

3 August 2010, New Delhi.

We write to update you on the developments in *Bayer Corporation and another
v. Union of India *(Special Leave Petition No. 6540 of 2010, Supreme Court
of India).

Today, the Supreme Court of India adjourned the final hearing in the appeal
filed by Bayer Corporation and Bayer Polychem (India) Ltd, through which
they are seeking to introduce the patent linkage system in India. Though
final hearing of the appeal was scheduled to commence today, the matter was
adjourned at the request of one of the parties. The appeal is now likely to
be posted for hearing in the week of 29 November 2010.

As you may recall from our earlier post, Bayer’s appeal before the Supreme
Court of India challenges a judgment of the Division Bench of the Delhi High
Court, which rejected Bayer’s arguments that Indian law provides for patent
linkage—a system in which the drug regulatory authority refuses to grant or
delays marketing approval to generic versions of a patented drug.
Consequently, the Delhi High had refused Bayer’s plea to restrain the
Government of India from proceeding with an application filed by Cipla Ltd.
(an Indian pharmaceutical company) for marketing approval of a generic
version of sorafenib tosylate, Bayer’s patented anti-cancer drug. Earlier,
in February, the Supreme Court had refused to stay the Delhi High Court’s
judgment which is under appeal, thus effectively allowing Cipla’s
application to be proceeded with.

Patent linkage is known to be against public health interests as it will
delay the entry of less expensive, generic medicines into the market.  Given
the adverse consequences of the introduction of patent linkage system in
India, Cancer Patients Aid Association, represented through Lawyers
Collective HIV/AIDS Unit, had intervened in the case before the Delhi High
Court and was impleaded as a party.

In solidarity,

Lawyers Collective HIV/AIDS Unit

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