[Ip-health] Clarification: Bayer appeal for stay against compulsory licence rejected - MSF welcomes decision

Joanna Keenan-Siciliano joanna.l.keenan at gmail.com
Mon Sep 17 06:35:41 PDT 2012

CLARIFICATION - India's Intellectual Property Appellate Board (IPAB) has
dismissed Bayer’s request for a stay order against the compulsory licence
granted by the Patent Controller to a generic manufacturer earlier this
year.  In its appeal before the IPAB, Bayer alleged that the CL decision of
the Indian Patent Controller is illegal and unsustainable, and had filed
for an immediate stay until the appeal could be heard.  This has now been
rejected by IPAB.

"This decision once again affirms that courts can and should act in the
interest of public health in the case of pharmaceutical products," 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 needed 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."

India’s first compulsory licence is 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.
The CL brought the price of the patented anti cancer drug, sorafenib
tosylate, down from over US$5,500 per month to $175 per month; a price
reduction of 97 per cent.

MSF had welcomed 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. Bayer is being paid a six per cent
royalty on sales by Natco, the generic manufacturer who received the

The IPAB decision can be found here:

*Joanna Keenan*
Press Officer
Médecins Sans Frontières - Access Campaign
E: joanna.keenan[at]geneva.msf.org
T: twitter.com/joanna_keenan


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