[Ip-health] KEI blog on Bayer v Natco case

Jamie Love james.love at keionline.org
Mon Mar 4 06:52:38 PST 2013


India Intellectual Property Appeals Board (IPAB) upholds compulsory
license on cancer drug in Bayer v Natco

March 4, 2013

As others have reported, the India Intellectual Property Appeals Board
(IPAB) has upheld the compulsory license on the Bayer patents on the
cancer drug sorafenib, sold under the trademark of Nexavar by Bayer.

Sorafenib is largely used for liver and kidney cancer. The Bayer price
for Nexavar was Rs. 2.8 lakh for a pack of 120 tablets, or about
$61,798 per year.

The decision in Bayer v Natco was read today by Justice Prabha
Sridevan at the IPAB, but the printed version of the decision won't be
available until later this week. What we do
know is that Bayer has lost on almost every issue, but the IPAB has
increased the royalty rate from 6 to 7 percent. KEI was not in the
courtroom when the decision was read, and it's hard to know more until
we read the decision itself.

On February 17, 2013, KEI had filed this statement in the appeal
proceeding: http://keionline.org/node/1657. The KEI statement focused
on three main issues, the costs of R&D, the setting of a reasonable
royalty, and relationship between the TRIPS and the India patent law.
It is likely that both Bayer and Natco will appeal the decision. Bayer
has more to appeal, since they were on the losing side of so many
issues. Natco will likely appeal the increase in the royalty rate.

The decision by the IPAB is an important reaffirmation of the
pro-patient provisions in the India patent law, and creates more
momentum to address the vast inequality of access to cancer drugs
around the world. KEI calls upon other governments to make similar
rulings when facing high prices for cancer drugs.

James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

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