March 21, 2012
Pharma Patent Case Study
First compulsory license likely to impact the pharmaceutical industry in India
On 9th March, 2012, the Controller General of Patents Design and Trademarks of India, Mr. P.H. Kurian, marked his last day in office with a landmark judgment granting the first ever compulsory license to an Indian generic pharmaceutical company Natco Pharma to manufacture and sell a generic version of Bayer Corporation's patent protected anti-cancer drug 'Sorafenib Tosyalte' (NEXAVAR).
This watershed development is likely to alter the complexion of the pharmaceutical industry in India. This judgment brings to the fore many contentious issues such as whether "local manufacturing" of a patented invention is mandatory in India, what drug price is "reasonable" under the current patent regime .
Please click here for the document analyzing this path breaking judgment with our views and insights
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