[Ip-health] Wall Street Journal: India Appeals Body Rejects Bayer's Plea on Nexavar

Thirukumaran Balasubramaniam thiru at keionline.org
Mon Mar 4 06:41:02 PST 2013


	• March 4, 2013, 8:51 a.m. ET

India Appeals Body Rejects Bayer's Plea on Nexavar


CHENNAI--India's patent appeals body Monday rejected Bayer AG'sBAYN.XE +0.53% plea to stop a local company from manufacturing and selling a generic version of its cancer medicine Nexavar.

The German company filed the appeal last year with India's Intellectual Property Appellate Board after the local patent authority granted a "compulsory license" to generics manufacturer Natco Pharma Ltd. 524816.BY +0.83%

The Indian Controller General of Patents, Designs and Trademarks allowed Natco to make copies of Nexavar on the grounds that Bayer's drug was too expensive for most people in India. The license allowed Natco to sell generic versions of the drug at one-30th of Bayer's price.

A spokesman for Bayer wasn't immediately available for comment.

The Indian patent body's March 2012 order represented the first instance of a compulsory license being granted in the country.

India's patent law allows authorities to order holders of drug patents to license their products for local manufacturing if they are priced beyond the reach of patients.

India says there is a need to balance companies' intellectual property rights with the rights of people to get access to new and expensive medicines. Foreign producers however argue India is discouraging innovation by weakening patents, reducing the incentive for companies to invest time and money to discover drugs.


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997

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