[Ip-health] Bayer compulsory licence appeal rejected - MSF welcomes decision

leena menghaney leenamenghaney at gmail.com
Mon Sep 17 03:48:57 PDT 2012

Dear All,

Just to highlight once again that the IPAB order on Bayer's appeal has
not been made public as yet. A final analysis can only be undertaken
once the order is published.

The order is not expected before Wednesday.

The Hindu has confirmed the rejection of the appeal filed by Bayer
before the IPAB through its press reports.

Leena Menghaney

On Mon, Sep 17, 2012 at 3:38 PM, Joanna Keenan-Siciliano
<joanna.l.keenan at gmail.com> wrote:
> The Intellectual Property Appellate Board of Chennai has dismissed the plea
> by German pharmaceutical company Bayer, which was seeking a stay on the
> compulsory licence issued by the Indian Patent Controller to Indian company
> Natco to manufacture generic versions of the anti cancer drug sorafenib
> tosylate.
> *"This decision once again affirms that governments can and should act in
> the interest of public health to bring the price of patented medicines
> down,"* said Leena Menghaney, of Médecins Sans Frontières' Access Campaign.
> "*The high prices caused by patents in India are a growing problem that
> needs to be grappled with: one year's treatment costs over $1700 for one of
> the newer HIV medicines we use in our project in Mumbai, and will be
> needing across the developing world. This price needs to come down, and we
> hope that the routine use of compulsory licensing may be one way of making
> this happen." *
> While MSF has not yet seen the judgment from India's Intellectual Property
> Appellate Board, we welcome the decision to uphold the grant of a
> compulsory licence issued in March this year to allow a more affordable
> version of liver and kidney cancer drug, sorafenib tosylate, to be
> produced. The move brought the price of the patented drug down from over
> US$5,500 per month to $175 per month; a price reduction of 97 per cent.
> Bayer is being paid a six per cent royalty on sales by Natco, the generic
> manufacturer who received the licence.
> India’s first compulsory licence was seen as a prospective watershed for
> affordable access to patented medicines, by potentially opening the way for
> other life-saving drugs - such as the newest drugs used to treat HIV – now
> patented in India and priced out of reach to be produced by generic
> companies for use across the developing world at a fraction of the price.
> *Joanna Keenan*
> Press Officer
> Médecins Sans Frontières - Access Campaign
> E: joanna.keenan[at]geneva.msf.org
> T: twitter.com/joanna_keenan
> msfaccess.org
> twitter.com/MSF_access
> facebook.com/MSFaccess
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Leena Menghaney
Tel: 46573730/1, 9811365412

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