[Ip-health] Bayer seeks to stay the operation of the CL order – files appeal against the grant of the CL, before the IPAB in Chennai (India)

Shailly shailly.17 at gmail.com
Fri May 18 00:55:57 PDT 2012


Bayer seeks to stay the operation of the CL order – files appeal
against the grant of the CL, before the IPAB in Chennai (India)

by donttradeourlivesaway

http://donttradeourlivesaway.wordpress.com/2012/05/18/bayer-seeks-to-stay-the-operation-of-the-cl-order-files-appeal-against-the-grant-of-the-cl-before-the-ipab-in-chennai-india/

Acting on its press statement, German pharmaceutical company Bayer has
filed an appeal against the Compulsory License (CL) order before the
Intellectual Property Appellate Board (IPAB) in Chennai and has in
particular sought to have the operation of the CL order stayed till
the appeal hearings are completed and IPAB passes its decision.

Access the Bayer's appeal here

Background - India's first CL on a cancer drug post TRIPS implementation

Seven years after India revised its 1970 Patents Act, the Patent
Controller on 9 March 2012, issued the first-ever compulsory licence
(CL) to a generic manufacturer authorizing it to market in India a
more affordable version of a patented cancer medicine.  The Controller
acted on the basis that not only had the patentee,  the Bayer
Corporation, failed to price the patented medicine sorafenib tosylate,
at a level that made it accessible and affordable, it also was unable
to ensure that the medicine was available in sufficient and
sustainable quantities within India.

Click here to read previous postings and access CL order.

The move has brought down the costs of the medicine by 97 per cent.
It illustrates the extent to which we are now entering a new era in
India - a TRIPS era where access and affordability disputes around
patented medicines become more frequent.


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Shailly Gupta
Policy Advocacy Officer
Medecins Sans Frontieres
Access Campaign
C 236 Defence Colony
New Delhi, India
Tel: +91 11 46573730-31
M: 9899976108




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